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1. The Defendant’s KRW 39,534,319 as well as the Plaintiff’s annual rate of 5% from June 18, 2019 to November 4, 2020, and the following.
Reasons
1. Facts of recognition;
A. C and the Defendant: (a) around January 24, 2015, around KRW 50 million, and KRW 3850,000,000,000 (including value-added tax) were leased from the Defendant as lease deposit; (b) around that time, C and the Defendant paid KRW 50,000,000 to the Defendant for the lease deposit. (c) around March 12, 2017, upon renewal of the said lease agreement by setting the lease deposit as KRW 10,000,000 (including value-added tax) and KRW 5,50,000,000,000,000 for the increased lease deposit, paid by June 15, 2017.
3) While C and the Defendant paid KRW 40 million out of the increased lease deposit, C and the Defendant decided to increase the lease deposit to KRW 90,000,000 per month (including value added tax) and KRW 5,830,000 per month. 4) As the above lease contract is terminated, C transferred the above commercial building to the Defendant on May 2019.
B. On January 23, 2018, the Plaintiff: (a) made the obligee, F, and C as joint and several sureties; (b) lent KRW 100 million to F with interest rate of KRW 24% per annum; (c) due date of repayment on January 23, 2019; (d) C guaranteed the Plaintiff’s obligation to borrow money within the limit of KRW 100 million; and (c) F prepared an executory deed with the effect of losing the benefit due if the payment of principal and interest was delayed (No. 46 of the deed of 2018 (No. 46 of the deed of 2018), as the Plaintiff delayed the payment of the interest; and (d) on August 10, 2018, the Plaintiff was issued a seizure and collection order with respect to the amount up to KRW 100,000,000,0000,000 against the Defendant on the basis of the above notarial deed, which was served on the Defendant on the date of seizure and collection order.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 3, or the purport of the whole pleadings
2. Assertion and determination
A. According to the fact that the collection obligation is recognized, there are no special circumstances.