1. The Defendant shall pay to the Plaintiff KRW 51,030,000 and the interest rate of KRW 15% per annum from June 19, 2018 to the day of complete payment.

Facts of recognition

C On July 7, 2016, the Defendant leased the lease deposit of KRW 141.5 square meters (hereinafter “instant real estate”) from the first floor of the real estate indicated in the attached list by the Defendant during the period from November 1, 2016 to October 31, 2021 (hereinafter “instant lease contract”). Around that time, the Defendant paid the lease deposit to the Defendant, and operated a restaurant with possession and use of the instant real estate by taking over and using the instant real estate.

On December 22, 2016, the Plaintiff leased KRW 180 million to C with interest rate of KRW 25% per annum on January 21, 2017. The Plaintiff was transferred from C to secure the foregoing loan claim.

C around March 22, 2017, the notice of the assignment of claims was given to the Defendant, and the notice of the assignment of claims reached the Defendant around March 23, 2017.

After the Defendant’s rescission of the instant lease agreement with C, around December 8, 2017, the instant real estate was delivered to D, and thereafter leased the instant real estate to D by setting the lease deposit amount of KRW 100 million, KRW 500,000 per month of rent, and period of lease from December 10, 2017 to December 9, 2019.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 5 (including a provisional number; hereinafter the same shall apply), Eul evidence Nos. 2, and Plaintiff C’s assertion to the purport of the whole pleadings as to the purport of the lease agreement of this case, upon cancelling the lease agreement of this case, the Plaintiff C was returned KRW 50,01,000,000,000 as the remainder of the lease deposit of this case, excluding overdue rent and public charges, etc. from the Defendant on October 24, 2017; and KRW 30,000,000 on December 8, 2017; and KRW 60,000,000 on December 9, 2017.

Therefore, since the lease deposit of this case remains at KRW 50,130,000 at the time of the termination of the lease contract of this case, the Plaintiff, who was transferred the right to refund the lease deposit of this case, sought the above KRW 5,0130,000 and damages for delay against the Defendant.

The overdue rent, unpaid management expenses and public charges from the security deposit for the lease of this case by the defendant.