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1. The defendant's delivery of No. 2304, No. 203 from the non-party B in Namyang-si, Namyang-si, and simultaneously with the plaintiff 19.
Reasons
1. On December 20, 201, Nonparty B entered into a lease agreement with the Defendant to lease (hereinafter “instant lease agreement”) 17,816,00 won for rental deposit, monthly rent of KRW 187,690 for rental deposit, and by September 30, 2012 for the lease period of KRW 17,816,00 for the Namyang-si, Namyang-si, the Defendant paid the said lease deposit around that time.
On June 20, 2012, Nonparty B obtained a loan of KRW 7,000,000 from the Plaintiff, a credit service provider, at the rate of 33% on June 20, 2013, with a view to securing the loan, Nonparty B transferred to the Plaintiff the right to return the lease deposit under the instant lease agreement and notified the Defendant of the transfer of the above claim on the next day. The notification was served to the Defendant around that time.
On December 12, 2014, the instant lease agreement was finally amended by 19,567,00 won for rental deposit, 206,130 won for rent, and the term of lease from October 1, 2014 to September 30, 2016.
The Defendant filed a lawsuit against Nonparty B seeking delivery of the instant real estate on the ground that the Defendant’s termination was based on the rent delay under the instant lease agreement as the District Court Decision 2015Da106493, and was sentenced to a favorable judgment on December 8, 2015, and the said judgment became final and conclusive on January 12, 2016.
[Grounds for Recognition: Evidence No. 1-11, Evidence No. 1-3, Evidence No. 1, and the purport of the whole pleadings]
2. According to the facts of the above recognition, the defendant acquired the claim to return the lease deposit of this case from the non-party B at the same time, and as requested by the plaintiff, from the 19,567,00 won of the lease deposit under the lease contract of this case to the non-party B until the date of the delivery completion of the real estate of this case, the defendant was in arrears with the non-party B regarding the lease contract of this case, management fee, damage of the above real estate, etc.