임차보증금 반환 등
1. Defendant B shall pay to the Plaintiff KRW 91,018,055 as well as 20% per annum from June 26, 2014 to the date of full payment.
1. Facts of recognition;
A. On September 8, 2011, the Plaintiff leased Defendant B (hereinafter “instant building”) No. 502, Dong-dong, Seoul Special Metropolitan City, Nowon-gu (hereinafter “instant building”) as “The lease deposit KRW 150,000,000, and the lease term from October 24, 201 to October 23, 2013.”
(hereinafter referred to as the “instant lease contract”) B.
According to the instant lease agreement, Defendant B, upon receiving the lease deposit from the Plaintiff, shall fully repay the principal amount of the secured debt under the name of the fisheries cooperative consisting of the maximum debt amount 175,500,000 won and the maximum debt amount 45,000,000, out of the total amount of the secured debt under the name of E, which is the maximum debt amount set forth in the instant building, and shall complete registration with a reduction of the maximum debt amount set forth in the relevant lease registration.
At the time, the actual secured debt of the right to collateral security was KRW 135,000,000, and the actual secured debt of E was KRW 30,000,000.
C. Defendant C, as a real estate broker, arranged the above contract at the time of the conclusion of the instant lease agreement, and the Defendant Seoul Guarantee Insurance Co., Ltd. (hereinafter “Defendant Seoul Guarantee Insurance Co., Ltd”) concluded with Defendant C a license insurance contract (hereinafter “instant guarantee insurance contract”) with the term “100,000,000 insurance amount, and the insurance period from August 27, 201 to August 26, 2012” (hereinafter “instant guarantee insurance contract”).
According to the instant guarantee insurance contract, the Defendant Seoul Guarantee Insurance Co., Ltd. fails to perform its obligations under Article 30 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act and Article 24 of the Enforcement Decree of the same Act, thereby compensating for property damage suffered by the insured or a third party.
The Plaintiff paid Defendant B KRW 150,00,000,000 on September 8, 201, and the aggregate of KRW 135,000,000 on October 24, 201.
E. Thereafter, Defendant B is against the Fisheries Cooperatives.