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1. The Defendant’s KRW 73,789,570 for the Plaintiff and 5% per annum from November 17, 2014 to February 13, 2015.
Reasons
1. Facts of recognition;
A. On June 15, 2012, Nonparty C entered into a lease agreement with the Defendant on a fixed term of KRW 100 million, KRW 7 million per month rent (excluding value-added tax), and five years for lease as to the six-story 543.29 square meters of the real estate listed in the attached list owned by the Defendant and the Defendant (hereinafter “instant real estate”).
(hereinafter “instant lease agreement”).
B. On June 29, 2012, Nonparty C entered into a loan agreement of KRW 338,00,000 with the Bank of Dongyang Savings to install outdoor golf machinery on the above building, and the Defendant entered into a joint and several guarantee agreement for the above loan obligations.
C. On December 21, 2012, Nonparty C entered into a contract for comprehensive takeover of business, including the instant lease agreement, with the Plaintiff and the transferee on December 21, 2012, to KRW 450,000,000, and transferred to the Plaintiff the claim for
On September 18, 2014, Nonparty C prepared a notice of assignment of claims stating “I consent because I transfer to A all of the claims for the return of the lease deposit that I have accrued to I pursuant to the contract for the acquisition of partial business ownership (including the contract for the transfer of claims).” On December 21, 2012, Nonparty C sent the notice of assignment by content-certified mail and sent it to the Plaintiff on the 19th of the same month.
E. The Defendant repaid KRW 30 million on October 21, 2014, and KRW 40 million on December 23, 2014, and from February 2, 2015, the same year.
6.2. Along with interest of KRW 15,555,932, a total of KRW 85,555,932, such as repayment of the principal amount was discharged.
E. The Defendant unilaterally notified the Plaintiff of the termination of the lease agreement, and the Plaintiff delivered the instant real estate around November 16, 2014.
F. The sum of the rents that Nonparty C failed to pay to the Defendant during the instant lease agreement is KRW 26,210,430.
[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 to 5, Gap evidence 1 to 5, Eul evidence 1 to 5 (including each number), the purport of the whole pleadings
2. Determination.