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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On July 12, 2018, the Plaintiff’s summary of the Plaintiff’s assertion: (a) lent KRW 45 million to Defendant B; and (b) acquired the right to return the lease deposit against Defendant B on the real estate stated in the separate sheet (hereinafter “instant real estate”).
Defendant B lost the benefit of time pursuant to Article 7(1) of the General Terms and Conditions for Credit Transactions by filing an application for individual rehabilitation with the Incheon District Court 2019 Session 4225, and Defendant B was obligated to immediately repay the entire amount of the instant loan to the Plaintiff.
Since the lease contract between the Defendants ends on January 1, 2019, which is the expiration date, Defendant B is obligated to deliver the instant real estate, which is the object of lease, to Defendant C upon the Plaintiff’s subrogationing Defendant C.
Defendant C is obligated to pay the Plaintiff the remainder after deducting all the claims to be deducted from the lease deposit, such as overdue rent and management fee, from the lease deposit amount of KRW 20 million.
2. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 1 and 6, around January 2018, Defendant B entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant C as set forth in the following subparagraphs: (a) around January 1, 2018, the lease deposit amount of KRW 20 million; (b) monthly rent of KRW 1650,000; and (c) from January 1, 2018 to January 1, 2019; (d) on July 12, 2018, the Plaintiff provided loans to Defendant B at an annual interest rate of KRW 45 million; and (e) three-six (36) months; and (e) on the same date, Defendant B transferred the lease deposit of KRW 20 million to Defendant C; and (e) notified Defendant B of the details of the lease deposit to the Plaintiff by mail; and (e) the Plaintiff’s transfer of the lease deposit to Defendant C on 13. 21, 2019.