구상금
1. The Defendants jointly share KRW 219,762,741 as well as 5% per annum from April 12, 2018 to August 31, 2018.
1. Facts of recognition;
A. On September 26, 2017, Defendant C purchased Seo-gu Incheon apartmentF (hereinafter “instant apartment”) from D for KRW 320,000,000,000. On October 2, 201 of the same year, Defendant C entered into a lease agreement (hereinafter “the lease agreement of this case”) with respect to the instant apartment with Defendant B from October 26, 2017 to October 25, 2019.
B. On October 12, 2017, Defendant B obtained a fixed date based on the instant lease agreement, and entered into a loan transaction agreement with G Co., Ltd. (hereinafter “G Bank”) on KRW 216 million of housing loans (hereinafter “instant loan agreement”).
C. On October 12, 2017, in order to guarantee the repayment of G Bank loans, Defendant B entered into a guarantee agreement with the Housing and Urban Guarantee Corporation for the special agreement on the loan for lease on a deposit basis (hereinafter “the instant guarantee agreement”) with the amount of KRW 216 million. The Defendant C transferred the deposit for lease on a deposit basis to the Housing and Urban Guarantee Corporation, and notified the transfer of the claim to Defendant C.
On the other hand, on October 26, 2017, G Bank concluded an insurance contract for the right to monthly loan (hereinafter “instant insurance contract”) with the Plaintiff as to the instant loan contract, which sets forth KRW 237,60,000 as the purchase amount of insurance.
E. On October 26, 2017, Defendant B, after having made a move-in report on the instant apartment on October 26, 2017, removed from the said apartment, and Defendant C made a move-in report on October 31 of the same year.
On November 16, 198 of the same year, Defendant C established the right to collateral security (hereinafter “instant right to collateral security”) under the name of the debtor C, the debtor C, and the mortgagee H Co., Ltd. (hereinafter “instant right to collateral security”) with respect to the instant apartment, and deposited KRW 131,70,000 out of KRW 231,780,442, which was paid by H Co., Ltd., into the Defendant B’s account. Defendant B drafted a receipt that additionally received KRW 100,000 from Defendant C as a check.