제3자이의
1. The Defendant-Counterclaim Plaintiff (B, Location) against a limited liability company A (C, A, the representative director D) at this Court No. 2011, 3650.
1. Basic facts
A. On January 29, 2010, A entered into a lease agreement on movable property listed in the separate sheet with Samsung Card Co., Ltd. (hereinafter “Tsung Card”) on KRW 406,490,187 (including value-added tax) with respect to movable property listed in the separate sheet, and entered into a lease agreement with the owner of Samsung Card Co., Ltd. (hereinafter “Tsung Card”) on which the purchase amount is KRW 406,490,187 (including value-added tax), for one month from the date of entering into the contract at the time of completion of the purchase of the movable property, for eight months from the date of issuance of the certificate of delivery of the leased object, for eight months from the date of issuance of the deposit, for lease period amounting to KRW 50,000,000, for lease amount, KRW 46,722,500 per month, interest rate per annum 10.27% per annum, overdue interest rate, and for free transfer at the expiration of lease (hereinafter “instant lease agreement”).
In addition, the plaintiff paid 50,000,000 won as security deposit to Samsung Card on the same day.
B. The Plaintiff’s repayment of rent and acquisition of movable property listed in the separate sheet, etc. 1) The Plaintiff received a peremptory notice from the Samsung Card, July 19, 2010, stating that in the event that the total amount of overdue rent is not repaid from the Samsung Card to August 3, 2010, the Plaintiff would recover the leased property after termination of the contract, and that the Plaintiff would pay the lessee and the guarantor the overdue rent for the seizure of the leased property after termination. Accordingly, the Plaintiff paid KRW 167,450,626 in total, including overdue rent, etc. on August 6, 2010. In addition, upon the request of the Samsung Card, the Plaintiff paid KRW 49,037,37, and KRW 32,48,842,293 on the Samsung Card (hereinafter collectively referred to as the “each of the Plaintiff’s subrogation”).
2) On December 3, 2010, Samsung Card Co., Ltd. prepared and issued a transfer certificate with the following contents indicated as the transferor, the transferee, and the Plaintiff.
In relation to the lease (facility lease) contract between us and A, the remainder of the proposed claim was subrogated and paid in full by the plaintiff, a joint and several surety, the lease property under the contract is below the date of the return.