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1. Defendant A shall pay to the Plaintiff KRW 15,00,000 and the interest rate of KRW 15% per annum from June 30, 2017 to the date of full payment.
Reasons
1. Facts of recognition;
A. On January 1, 2014, C leased KRW 15,000,000, monthly rent of KRW 1,200,000, and KRW 1,200,00,000, and KRW 1111, on the ground of land E-building (hereinafter referred to as the instant real property) on the Republic of Korea, Yongsan-gu, Yongsan-gu, Busan-si, and seven parcels from Defendant A.
B. On March 24, 2015, the Plaintiff seized C’s claim for the return of the lease deposit against the Defendant A by taking into account the credit guarantee claim (the claimed amounting to KRW 43,125,000) based on a credit guarantee certificate issued pursuant to the credit guarantee agreement as of June 20, 2012 and November 1, 2012, issued pursuant to the credit guarantee agreement as of March 24, 2015, as the order for preservation.
C. The Plaintiff applied for a payment order with respect to the Plaintiff for a reimbursement order for the amount of KRW 41,303,689 and KRW 41,303,632 from April 21, 2015 to August 4, 2015, and KRW 20% per annum from the following day to the date of full payment, and the said payment order was finalized on August 18, 2015.
On August 26, 2015, Defendant A sold the instant real estate to Defendant B at KRW 255,00,000,000, and completed the registration of ownership transfer on September 30, 2015.
The above contract of sale and purchase states the terms and conditions of current tenants (a security deposit of KRW 15 million - monthly rent of KRW 1200,000) (including value added tax).
On September 30, 2015, Defendant B prepared a lease contract with F and Security Deposit KRW 15,000,000, monthly rent of KRW 1,200,000. The above lease contract states that “A contract succeeding to the terms and conditions of the contract with a lessor is a contract.”
Defendant B paid 240,000,000 won after deducting 15,000,000 won from the purchase price to Defendant A.
E. On September 26, 2016, the Plaintiff filed a claim amounting to KRW 52,352,928 against the Defendant A based on the payment order under the above order under the High Government District Court Decision 2016TTT 2016TT 10, and filed a provisional attachment order with C’s High Government District Court for the claim to return the lease deposit against the Defendant A.