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1. The Defendant’s 69,946,787 Won and its related 6% per annum from June 13, 2020 to January 28, 2021, and the following.
Reasons
1. Basic facts
A. (1) On December 8, 2017, the Plaintiff entered into a lease agreement with the Guro-gu Seoul and one parcel of D Building E (hereinafter “instant housing”) to lease the lease deposit amount of KRW 29.4 million from December 26, 2017 to December 25, 2019 (hereinafter “instant lease agreement”). (2) The Plaintiff paid KRW 1.4 million out of the lease deposit on the same day, and received the date of confirmation.
After December 14, 2017, KRW 100,00,000 won, KRW 24 million on December 26, 2017, KRW 24 million (such as seen below, paid out by F Bank), KRW 5 million on December 27, 2017, and KRW 29.4 million on December 26, 2017, all deposits for lease were paid to B. The instant house was transferred to and registered as a resident on December 26, 2017.
B. On December 26, 2017, the Plaintiff entered into a guarantee contract for the repayment of the instant loan and the refund of the borrowed deposit with the F Bank as of January 23, 2020, under which the Plaintiff obtained a loan of KRW 22.4 million from the F Bank (hereinafter “the instant loan”). On the same day, between the Defendant and the Defendant, the guarantee contract for the deposit of KRW 29.4 million and the guarantee period of the deposit of KRW 29.4 million from December 26, 2017 to January 23, 2020, with the effect that the Defendant guarantees the repayment of the said loan from the F Bank (hereinafter “the guarantee of the instant loan”) and the guarantee contract for the repayment of the deposit of the lease deposit to the Plaintiff (hereinafter “the repayment guarantee of the lease deposit of this case”).
(c)
G Co., Ltd., Ltd., the ownership change of the instant house (hereinafter “non-resident company”) purchased the instant house from B on August 24, 2017 and completed the registration of ownership transfer on December 29, 2017.
(d)
1) On December 25, 2019, the expiration date of the instant lease agreement, the Plaintiff tried to discuss with the lessor on December 25, 2019 as to the extension of the instant lease agreement, but did not contact with the lessor, and on January 15, 2020, issued an order of lease registration.