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Defendant C delivers to Defendant D the real estate listed in the separate sheet to Defendant C.
The Plaintiff
A. Defendant C is 146,026.
Reasons
1. Facts of recognition;
A. On April 4, 2018, Defendant C entered into a lease agreement with Defendant D Co., Ltd. (hereinafter “Defendant Company”) under which Defendant C wishes to lease the real estate listed in the separate sheet (hereinafter “instant real estate”) from the Defendant Company by setting the lease deposit amount of KRW 142 million, monthly rent of KRW 290,000,000,000 from April 4, 2018 to June 30, 2020 (hereinafter “instant lease”).
B. According to the instant lease agreement, Defendant C paid KRW 142 million to the Defendant Company as the lease deposit, and occupied and used the instant real estate from the Defendant Company until now.
C. On May 9, 2018, Defendant C received a loan of KRW 140,500,000 from the Plaintiff at 24 months of the loan period, interest rate of 4.75% per annum, and interest rate of 7.75% per annum (hereinafter “instant loan”).
In order to secure all obligations (including principal, interest, damages for delay, and other incidental obligations) arising from the instant loan to the Plaintiff by Defendant C at the time of the termination of the instant lease agreement, Defendant C entered into a pledge agreement (hereinafter “instant pledge agreement”) with the Plaintiff regarding the claim to refund the security deposit (limited to KRW 142 million) to the Defendant Company upon the termination of the instant lease agreement.
E. On May 2, 2018, upon delegation from Defendant C, the Plaintiff sent the notice of pledge on the instant pledge agreement to Defendant C by way of content certification on behalf of the Plaintiff.
The above content certification reached the defendant company on May 3, 2018.
F. From April 2019, Defendant C did not pay interest on the instant loan from around April 201, and on November 1, 2019, the Plaintiff sent the notice of loss of benefit of time to Defendant C with content certification.
The above content certification reached Defendant C around that time.
G. As of November 1, 2019, Defendant C’s instant loan to the Plaintiff.