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1. The defendant A:
A. The Plaintiff shall be fully paid KRW 101,93,825 and KRW 98,500,00 among the costs, from December 15, 2016.
Reasons
1. Facts of recognition;
A. On October 22, 2010, Defendant A and the Korea Land and Housing Corporation leased real estate listed in the separate sheet (hereinafter “instant real estate”) from the Defendant Korea Land and Housing Corporation. On February 26, 2015, Defendant A and the Defendant Korea Land and Housing Corporation concluded a lease agreement with the Defendant Korea Land and Housing Corporation, setting the lease term as two years from December 1, 2014 to November 30, 2016, with the lease deposit as KRW 103,762,00, and monthly rent as KRW 287,140, respectively.
Defendant A paid 103,762,000 won as the above lease deposit to the Korea Land and Housing Corporation, and occupied and used the real estate in this case until now.
B. On April 14, 2015, Defendant A: (a) borrowed KRW 98,50,000,000 from the Viench Capital Co., Ltd. (the title at the time was “Sench Capital Co., Ltd.; hereinafter, “Nonench Capital”) at the rate of 5.2% per annum; (b) on November 30, 2016; and (c) on the same day, borrowed the loan at the rate of 24% per annum; and (d) on the same day in order to secure the payment of the above loan (hereinafter “instant loan”); (c) transferred the lease deposit at KRW 103,762,00,00 as stated in Article 1(a) (hereinafter “instant lease deposit return claim”); and (d) around that time, Defendant A notified the Korea Land and Housing Corporation that Defendant A transferred the foregoing lease deposit to the Korea Land and Housing Corporation.
C. On April 21, 2015, the Plaintiff entered into an agreement with Defendant A on a personal financial credit guarantee insurance policy to guarantee the performance of the instant loan obligations, with respect to the Plaintiff’s claim for reimbursement and the instant claim for return of the lease deposit, respectively, and set the insurance period from April 21, 2015 to November 30, 2016.
After that, until November 30, 2016, Defendant A has made an objection.