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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by each person;
Reasons
1. Basic facts
A. On December 9, 2013, Nonparty C (Lessee) entered into a lease agreement (hereinafter “instant lease agreement”) with Nonparty D with the terms of “20,000,000 won” and “from December 31, 2013 to December 30, 2015,” with respect to the lease deposit for the store of 51 square meters (hereinafter “instant store”) in Seo-gu, Seo-gu, Gwangju, Seo-gu, Seoul (hereinafter “instant store”). Nonparty C paid KRW 20,000,000 to Nonparty D pursuant to the instant lease agreement and carried on business upon delivery of the instant store.
B. On June 25, 2015, Nonparty B purchased the instant store from Nonparty D and completed the registration of ownership transfer (Evidence 6). Nonparty B succeeded to the lessor’s status under the instant lease agreement.
C. On March 12, 2015, the Defendant: (a) on November 1, 2016, the agreed interest rate of KRW 20,00,00 (hereinafter “instant loan”) was set at 12.468% per annum; and (b) on April 15, 2015, Nonparty C lent the loan amount of KRW 20,00,000 (hereinafter “instant loan”); and (c) on April 15, 2015, Nonparty C drafted an authentic deed of a monetary loan agreement (hereinafter “notarial deed of this case”) with the content that “in the event the Defendant’s failure to repay the instant loan and thereby makes a compulsory execution, it shall be recognized and accepted by the Defendant.”
(No. 3) d.
On February 18, 2016, Nonparty C paid interest on the instant loan to the Defendant and delayed payment thereof. On May 12, 2016, Nonparty C received the attachment and assignment order (hereinafter “instant attachment and assignment order”) from the Gwangju District Court (2016T) as to “the claim to return the lease deposit to a third party debtor” with respect to the amount claimed as “21,918,67 won,” obligee “Defendant,” obligor “Nonindicted C,” and obligor “Third party B,” and the instant attachment and assignment order was served on May 16, 2016 by the Defendant to Nonparty B, a debtor, “Nonindicted party B,” and on May 16, 2016.