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Defendant B shall pay to the Plaintiff KRW 10 million and KRW 800,000 per month from January 1, 2020 to the day of complete payment.
Reasons
1. Basic facts
A. On December 23, 2014, Defendant B entered into a trust agreement with Defendant C Co., Ltd. (hereinafter “Defendant C”) and Defendant C completed the registration of ownership transfer based on the same day trust.
B. On July 24, 2017, Defendant B entered into a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff, setting the lease deposit amount of KRW 110 million with respect to the instant real estate between the Plaintiff and the period from August 7, 2017 to August 6, 2019.
C. At the time of the conclusion of the instant lease agreement, Defendant C consented to the conclusion of the said lease agreement on the condition that the Plaintiff did not request the Defendant C to pay a deposit for lease or for the lessor’s performance of duties, and the Plaintiff also prepared a letter of commitment
(No. 2) d.
On March 2019, the Plaintiff transferred the instant real estate to Defendant B, and the instant lease agreement was terminated as of July 31, 2019.
E. Defendant B promised to pay KRW 800,000 per month to the Plaintiff not later than the time the deposit for lease was refunded, and Defendant B paid KRW 80,000,000 on August 30, 2019 and October 24, 2019, and KRW 2.4 million on February 4, 2020.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, Eul evidence Nos. 2 and 3, the purport of the whole pleadings
2. According to the facts established prior to the determination, Defendant B is obligated to pay to the Plaintiff the amount of KRW 110 million and the amount of KRW 800,000 per month from January 1, 2020 to the date of full payment.
As long as the principal defendant's obligation to return the lease deposit against the principal defendant is recognized, the plaintiff's claim against the principal defendant shall not be accepted without any further review.
3. In conclusion, the Plaintiff’s claim against Defendant B is justified within the scope of the above recognition, and the remainder of the claim against Defendant B and the claim against Defendant C.