1. Basic facts

A. On March 15, 2019, the Plaintiff concluded a contract with the Defendant to lease the Gangnam-gu Seoul Metropolitan Government D Apartment E apartment (hereinafter “instant apartment”) with a deposit of KRW 700 million (hereinafter “instant lease contract”). The Plaintiff agreed to pay the down payment of KRW 70 million on the date of the contract, the remaining amount of KRW 630 million on April 17, 2019, and the other party agreed to give written peremptory notice to the defaulted person and cancel the contract (Article 7 of the contract), but upon a special agreement, the Plaintiff already paid the down payment of KRW 5 million on March 12, 2019, and the remainder down payment of KRW 65 million on March 22, 2019.”

B. The Intervenor paid the Plaintiff KRW 5 million on March 12, 2019, KRW 10 million on March 22, 2019, KRW 50 million on March 22, 2019, and KRW 55 million on March 25, 2019, respectively, to the Defendant as part of the down payment under the instant lease contract, on March 22, 2019, and KRW 5 million on March 25, 2019, and KRW 5 million on March 25, 2019.

(c)

On April 19, 2019, the Plaintiff entered into a contract with G and H (hereinafter “non-party”) on May 18, 2019 to borrow KRW 630 million with the interest rate fixed as 2% per month, and agreed to waive the deposit amount of the instant lease in the event that the Plaintiff fails to perform its contractual obligation.

(d)

On April 19, 2019, the Defendant received KRW 630 million in total, such as receiving KRW 330 million in H’s name. On the same day, the Defendant prepared a monthly rent contract (Evidence B No. 2) stating that the apartment of this case is leased in KRW 700 million in the rent deposit and the remainder of KRW 700 million shall be paid on the same day to the outside party. On the same day, the Defendant registered the establishment of chonsegwon on the apartment of this case (hereinafter “registration of establishment of chonsegwon”).