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1. The plaintiff's main claim is dismissed.
2. The Plaintiff, Defendant G, and Defendant G, respectively, KRW 41,728,462, Defendant B, C, and D are 27,818.
Reasons
1. Facts of recognition;
A. On September 19, 2015, Nonparty J entered into a lease agreement (hereinafter “instant lease agreement”) with Nonparty I and Defendant H, setting the lease deposit amount of KRW 180,00,000 as well as the lease term of KRW 2 years from November 13, 2015 to November 13, 2017, and Nonparty J and his spouse G occupied and used the instant real estate from around November 13, 2015 to Nonparty I and Defendant H.
B. On October 14, 2015, Nonparty J, who entered into a lease agreement and a lease agreement of the instant lease agreement, obtained a lease agreement loan of KRW 120,00,000 from Nonparty K Co., Ltd. (hereinafter “K”), and created a lease agreement (hereinafter “instant lease agreement”) to K with a maximum amount of KRW 144,00,00 with respect to the claim to return the lease deposit of this case, in order to secure the above loan and loan obligations.
On November 5, 2015, K notified Nonparty I, a lessor, and Defendant H of the establishment of the instant pledge right.
C. On October 14, 2015, Nonparty J, who entered into the instant credit insurance contract, agreed to pay the Plaintiff the corresponding amount of the insurance proceeds immediately to the Plaintiff, and to pay damages for delay in accordance with the interest rate determined by the Plaintiff if the Plaintiff paid the insurance proceeds to K in the instant credit insurance contract (hereinafter “instant credit insurance contract”).
The Plaintiff’s interest rate for delay shall be 6% per annum from January 1, 2016 to 30 days from the date following the payment of insurance proceeds; 12% per annum from the following day to June 30, 2018; and 2% per annum from July 1, 2018 to 30 days from the date following the payment of insurance proceeds.