1. A, the bankruptcy trustee of the bankruptcy debtor A, who is the taking over of the lawsuit by the defendant A, is the defendant.

1. Determination as to the cause of claim

A. Fact 1) On February 12, 2016, Defendant A leased the instant apartment from the Defendant Corporation with the lease deposit of KRW 17,701,00, monthly rent of KRW 104,540, and the lease period of KRW 104,540 from February 1, 2016 to January 31, 2018 (hereinafter “instant lease agreement”).

(2) Article 11(1) of the instant lease agreement provides, “Where a lessee terminates a public rental housing lease agreement on any ground not falling under Article 10(2), he/she shall notify the lessor of such termination at least one month prior to the scheduled date of termination of the contract (where the period until the scheduled date of termination of the contract remains at least one month, it is possible to notify the lessor of the change within the scope that remains at least one month after the scheduled date of termination of the contract), and the lessor in receipt of such notification shall actively cooperate with the lessee’s eviction.” (2) Defendant A transferred the claim for refund of the lease deposit under the instant lease agreement to the Plaintiff on March 11, 2016, with the agreed rate of 6.8% on March 16, 2016, the overdue interest rate of 12.2% or 23%, and the repayment date of 15,500,000 won as of February 28, 2018.

At that time, Defendant A issued to the Plaintiff a letter of commitment stating, “In the event that the principal and interest of the loan is unable to be repaid by the due date or due date for repayment, even within the lease period, the Plaintiff terminated the lease agreement entered into with the lessor with respect to the said real estate so that the Plaintiff can be directly refunded the lease deposit from the lessor, and immediately order the obligee or the creditor to order the building.”

3) On March 14, 2016, the Plaintiff notified Defendant Corporation of the establishment of a security for transfer with respect to the claim for return of lease deposit under the instant lease agreement, by content-certified mail, and the said notification reached Defendant Corporation on the following day. 4) Defendant A sent interest on the instant loan obligation on August 25, 2016.