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1. Defendant A shall deliver the building indicated in the attached list to the House of the Defendant, Inc.
2. The defendant corporation.
Reasons
1. Facts recognized;
A. On September 3, 2014, Defendant A leased (hereinafter referred to as the instant lease agreement) the buildings indicated in the attached list (hereinafter referred to as the “instant building”) from Defendant Non-permanent Housing Co., Ltd. (hereinafter referred to as the “Defendant Company”) by setting the deposit amount of KRW 81,580,00, monthly rent of KRW 154,300, and the lease period from September 9, 2014 to September 8, 2015.
B. On March 10, 2015, the Plaintiff leased KRW 81,500,000 to B at the maturity of 10.7% per annum on March 10, 2017 (hereinafter “the instant lease”). As a security, on March 6, 2015, the Plaintiff acquired from Defendant A the right to return the lease deposit under the instant lease agreement that the Defendant had against the Defendant Company.
C. Defendant A prepared a letter of commitment to the Plaintiff to the effect that, in the event that the Plaintiff is unable to pay the principal and interest of the instant building by the due date (or due date) the Plaintiff would be able to directly refund the lease deposit from the Defendant Company, Defendant A immediately deliver the instant building to the Defendant Company upon the expiration of the lease agreement concluded with the Defendant Company; and that, even if the Plaintiff notified the Defendant Company of the refusal to renew the lease agreement by subrogation of the Defendant Company, the Plaintiff did not raise any objection thereto.
On March 6, 2015, the Plaintiff was delegated with the authority to notify the assignment of claims by Defendant A, and notified the Defendant Company of the assignment of claims, and the said notification reached Defendant Corporation around that time.
E. B did not pay interest on the instant loan since January 4, 2017.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings
2. According to the above findings of the determination on the cause of the claim, the instant lease was terminated upon the expiration of the period, and after the lessor was notified of the transfer of the claim to return the lease deposit, express or extended the term of the lease between the lessor and the lessee.