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1. The part of the Plaintiff’s lawsuit against Defendant E and the Plaintiff’s succeeding intervenor’s claim for delay damages against Defendant F.
Reasons
1. Determination on the claim of the Plaintiff’s succeeding intervenor
A. Facts of recognition 1) Defendant E is the real estate indicated in the separate sheet with Defendant F on September 21, 2016 (hereinafter “instant real estate”).
(2) As to the lease deposit, the lease agreement between September 24, 2016 and September 23, 2018 (hereinafter “instant lease agreement”) setting forth KRW 630,000 per month from September 24, 2016 to September 23, 2018.
(2) On March 29, 2018, the Plaintiff entered into a contract for acquisition of KRW 16,000,000, out of the claims for return of lease deposit held by Defendant E under the instant lease agreement, and Defendant E decided to terminate the instant lease agreement and deliver the said real estate to the Plaintiff so that the Plaintiff can be returned the lease deposit, if the loan is not repaid by the due date or due date.
3) On August 10, 2018, the Plaintiff notified Defendant F of the assignment of the above lease deposit and reached the Defendant at that time. 4) On December 31, 2019, the Plaintiff transferred the Plaintiff’s succeeding Intervenor’s claim for the return of the lease deposit amounting to KRW 8 million to Defendant F, and notified the Defendant F of the said transfer on April 28, 2020.
[Ground for Recognition] Defendant F: Evidence Nos. 1 through 6 (including branch numbers for admission), Evidence Nos. 1 to 1, and the purport of the whole pleadings
B. According to the facts of the above recognition 1, the instant lease contract was terminated on September 23, 2018, and the Plaintiff’s succeeding intervenor, as Defendant F’s obligee, is obligated to deliver the instant real estate to Defendant F, as the Plaintiff’s succeeding intervenor claims based on the obligee’s subrogation right as Defendant F’s obligee. Defendant F is obligated to pay KRW 8,00,000 to the Plaintiff’s succeeding intervenor at the same time as the receipt of the said real estate from Defendant E.
However, the obligation to return the lease deposit of Defendant F is the obligation to deliver the above real estate of Defendant E.