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1. The Defendant’s KRW 20 million to the Plaintiff, as well as 5% per annum from September 4, 2014 to March 31, 2015.
Reasons
1. Facts of recognition;
A. On November 23, 2010, the Defendant (Lessee) entered into a lease agreement between the Defendant (Lessee) and Nonparty C (Lessee; hereinafter “C”) with respect to the lease deposit amounting to KRW 35 million on the 13th floor building of Eunpyeong-gu Seoul (hereinafter “instant leased object”) (hereinafter “instant leased object”), and the lease agreement between November 23, 2010 to KRW 100,000,000 for the lease period and KRW 100,000 for the period from November 23, 2010 to KRW 24,000 for the lease period.
B. C, on December 15, 2010, extended a loan of KRW 10,00,000,000 from the New Loan Resolution Co., Ltd., with respect to the loan and the claim for refund of the lease guarantee from the New Loan Resolution Co., Ltd., and offered the lease deposit (hereinafter “the claim for refund of the lease deposit of this case”) to the Defendant to the new Loan Resolution Co., Ltd. as a security for transfer, and on December 16, 2010, notified the Defendant of the transfer of the claim for refund of the lease deposit of this case by content-certified mail, and the above notification was sent to the Defendant on December 22, 2010.
C. After the transfer of the lease deposit claim to the Plaintiff of the Plaintiff in the instant case, the new LAFD Co., Ltd. transferred the claim for the refund of the instant lease deposit to the Plaintiff by October 2012, and thereafter, on November 9, 2012, the notice was given to the Defendant by content-certified mail, and the said notice was delivered to the Defendant on November 14, 2012.
On the other hand, around October 9, 2012, the defendant filed a suit against C on the grounds of the termination of the lease agreement of this case under the Seoul Western District Court Decision 2012Kadan44306, Seoul Western District Court Decision 2012 that "C orders the Defendant to rent the leased object of this case, and the payment of unjust enrichment calculated by the ratio of 100,000 won per month from 2.2 million won in arrears and September 23, 2012 to 100 won in arrears shall be made." The above decision became final and conclusive.
(2) Since then, the Defendant executed the above judgment and around February 2014.