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1. The Defendant’s KRW 20,170,857 as well as the Plaintiff’s annual rate from November 13, 2016 to November 15, 2017.
Reasons
1. Basic facts
A. On August 20, 2015, C leased, from the Defendant, the first and second floors of the D ground buildings in Gangnam-gu Seoul Metropolitan Government from the Defendant during the lease period of KRW 150 million, monthly rent of KRW 12 million, and the lease period from October 29, 2015 to September 29, 2017.
B. Thereafter, around October 15, 2015, C leased from the Defendant the first and third floors above the above building from the third floor above the ground (hereinafter referred to as “instant building”) up to the fifth floor above the ground, KRW 260 million, monthly rent of KRW 12 million, and the lease period from December 1, 2015 to November 30, 2017.
C. On April 7, 2016, the Plaintiff lent money to C, and issued a seizure and collection order (hereinafter “instant first collection order”) as to KRW 20,170,857 of the lease deposit claims under the instant building lease contract against C by Seoul Central District Court 2016TTT 6397, on the basis of the authentic deed drawn up by C, and the original copy was served on the Defendant on April 14, 2016.
On April 26, 2016, the Plaintiff issued a seizure and collection order (hereinafter “instant second collection order”) regarding KRW 101,407,021 of the lease deposit claims under the instant building lease contract against the Defendant under the Seoul Central District Court 2016TT No. 7131, Apr. 26, 2016 based on the authentic deed prepared by C, and the original copy was served on the Defendant on May 2, 2016.
E. C established E Co., Ltd. (hereinafter “Nonindicted Company”) and took office as the representative director. On April 28, 2016, the name of lessee of the instant building was changed between the Defendant and Nonparty to Nonparty Company. On the monthly basis, the monthly rent is the first floor of the instant building, the second floor from KRW 12 million to KRW 14 million, and the second floor from KRW 12 million to KRW 3,500 to KRW 19 million (hereinafter “instant modified lease”).