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1. The Plaintiff:
A. Defendant A and jointly with Nonparty C, as to KRW 172,670,362 and KRW 170,000,000 among them, respectively.
Reasons
1. Basic facts
A. 1) Nonparty C (hereinafter “C”)
() On November 5, 2012, Defendant B leased (hereinafter “instant lease agreement”) KRW 260,000,000 for the lease deposit of KRW 130,000 (26,000 for the lease deposit of KRW 234,00,000 for the contract payment, remainder 234,000,000 for the lease deposit, and the lease period from November 12, 2012 to November 12, 2014) (hereinafter “instant lease agreement”).
(2) Article 6 of the Special Agreement on the Lease of this case provides that “The condition that the lessor cooperates when the lessee is entitled to KRW 170,000,000 for the loan of the lease of this case.”
B. On November 7, 2012, between C and C, the Plaintiff entered into an agreement on the loan of 170,000,000 won with the loan principal, and the loan term until November 10, 2014, setting the interest rate of 12.5% per annum, and the delayed interest rate of 24% per annum (hereinafter “instant loan agreement”).
Defendant A jointly and severally guaranteed the above loan obligations of Defendant C.
C. 1) On November 7, 2012, the Plaintiff: (a) transferred the entire claim for return of the lease deposit under the instant lease agreement that C had against Defendant B as security for the said loan claim; (b) Article 3 Subparag. 4 of the Assignment Contract prepared between the Plaintiff and C provides that “A shall not raise any objection even if it is appropriated for C’s repayment of any obligation by choice after collecting the claim and deducting the expenses and damages incurred by the Plaintiff at the time of the occurrence of the cause of loss of the due interest due to C; and (c) Article 4 provides that “any of the rights as creditors of C to the lessor shall be attributed to the Plaintiff at the time when the assignment of the claim is entered into; and (d) the Plaintiff is directly refunded the lease deposit by the lessor.”
C around November 7, 2012, Defendant B notified Defendant B of the claim for the refund of the lease deposit, which would be returned from return upon termination of the lease agreement under the instant lease agreement, that the claim for the refund of the lease deposit was transferred to the Plaintiff on November 7, 2012.