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1. Defendant A’s KRW 130,000,000 per annum for the Plaintiff and 5% per annum from January 14, 2017 to March 28, 2017.
Reasons
1. Facts of recognition;
A. (1) On October 16, 2014, C concluded a lease contract and a credit insurance contract for guarantee of security deposit for lease on a deposit basis, etc.
(3) The term of lease deposit is set at KRW 130,00,000, and the term of lease from November 18, 2014 to November 18, 2016, respectively (hereinafter “instant lease agreement”).
(2) On December 2, 2014, C concluded a credit insurance contract for guarantee of deposit for lease on a deposit basis (hereinafter “the instant insurance contract”) with the Plaintiff, stating that the return of the lease deposit under the instant lease agreement (hereinafter “the instant lease deposit”) was made between the Plaintiff and the Defendant A, with the insurance coverage amounting to KRW 130,00,000, and the insurance coverage period from November 18, 2014 to November 18, 2016, respectively.
B. (1) Defendant A did not refund the instant lease deposit to C even though the contract term of the instant lease agreement expired, and Defendant A claimed for insurance proceeds under the instant insurance contract to the Plaintiff. (2) The Plaintiff paid KRW 130,000,000 to C on January 13, 2017 according to the instant insurance contract.
C. On September 20, 2016, Defendant A entered into a contract with Defendant B to set up a right to collateral security, which covers the obligee’s 60,000,000 won with respect to the instant apartment as to the instant apartment on September 20, 2016, including the conclusion of a contract to set up a right to collateral security, and the registration of establishment of a right to collateral security with respect to the instant apartment as to the instant apartment as prescribed by the Incheon District Court’s registration office No. 328592, Sept. 22, 2016.
(hereinafter) The above mortgage contract and the establishment registration of mortgage near the above mortgage contract are "mortgage contract of this case" and "registration of establishment of mortgage of this case".