2. Defendant C Co., Ltd.

A. On August 10, 2017, Defendant B leased the real estate listed in the separate sheet (hereinafter “instant real estate”) from Defendant C Co., Ltd. (hereinafter “Defendant C”) with KRW 190,00,000 as lease deposit, and the lease term from August 10, 2017 to August 9, 2018, respectively.

(hereinafter “Lease of this case”). (b)

On August 10, 2017, the Plaintiff loaned KRW 171,00,000 to Defendant B for a loan period of KRW 4.4% per annum until August 9, 2018 (hereinafter “instant loan”). To secure this, the Plaintiff concluded a pledge contract on the instant lease deposit repayment claim (hereinafter “instant lease contract”) from Defendant B on August 7, 2017, with the authority to notify from Defendant B, and issued the said pledge registration notice to Defendant C with the content certification.

C. As of April 11, 2019, the principal and interest of the instant loan amounting to KRW 179,356,042 (i.e., the principal and interest of KRW 171,00,000 for interest and overdue interest of KRW 8,356,042). The overdue interest rate applicable to the said loan is KRW 7.4%.

[Basis] Defendant B: Judgment by public notice (Article 208(3)3 of the Civil Procedure Act) (Article 208(3)3 of the Civil Procedure Act): Defendant C: The absence of dispute, Gap’s evidence 1 through 6, Eul’s evidence 1 through 4, and the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, the instant lease agreement terminated on August 9, 2018, and thus, the Plaintiff can seek delivery of the instant real estate to Defendant B, the lessee, by subrogation of Defendant C under the instant lease agreement.

Therefore, Defendant B is obligated to deliver the instant real estate to Defendant C.

B. In addition, unless there are special circumstances, the lease deposit covers all obligations arising from the lease contract, such as overdue rent and management fee, which occurred until the time of delivery of the real estate. Therefore, the defendant C is the plaintiff.