임차보증금반환 청구의 소
1. The Defendant shall pay to the Plaintiff KRW 30,614,961 and the interest rate of KRW 15% per annum from June 3, 2016 to the day of complete payment.
Facts of recognition
On August 26, 2011, the Plaintiff entered into a housing credit guarantee agreement with B on behalf of the Plaintiff within the limit of KRW 27 million of the credit guarantee principal if B is unable to repay a loan.
At the time of the above credit guarantee agreement, if the plaintiff makes a payment by subrogation in accordance with the above credit guarantee agreement, B agreed to pay the determined amount of loss, additional guarantee fee, and attempted loss to the plaintiff.
B on August 26, 2011, a new bank (hereinafter referred to as “new bank”) was loaned KRW 31 million from a new bank (hereinafter referred to as “new bank”) as security.
On the other hand, on June 10, 201, B leased from the Defendant by the period of Bupyeong-gu Incheon, Bupyeong-gu, Incheon, which is owned by the Defendant, 302, lease deposit amount of KRW 40 million, and lease term of June 19, 2013. B obtained a loan from a new bank to prepare the above lease deposit.
On August 24, 201, a new bank entered into a pledge agreement with B on KRW 37,200,000 among the claims for the repayment of the above lease deposit, and notified the Defendant of the creation of a pledge on August 22, 2011.
B On December 28, 2013, the above 302 was delivered to the Defendant on December 28, 2013, and the Defendant returned the above 302 lease deposit to B.
Since then, B was unable to repay the above loans, the Plaintiff subrogated for KRW 29,067,076 to the new bank on July 22, 2014, and received KRW 4,206,60 from B.
(F) On December 24, 2015, the new bank transferred to the Defendant the part equivalent to KRW 33,480,000 among the pledge rights regarding the claim to return the deposit under the lease deposit by subrogation: (a) the part equivalent to KRW 33,480,000 among the pledge rights regarding the claim to return the deposit under the lease deposit by subrogation was transferred to the Defendant, and notified the Defendant of the transfer of the above pledge rights on the same day.
On May 31, 2016, as of May 31, 2016, B shall be payable to the Plaintiff.