beta
Text
1. Defendant A shall deliver the real estate listed in the separate sheet to the House of the Defendant, Young-gu, Inc.
2. The defendant corporation.
Reasons
1. Facts of recognition;
A. On January 27, 2016, Defendant A entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant Non-permanent Housing Co., Ltd. (hereinafter “Defendant Company”); ① the lease deposit amount of KRW 1220 million, monthly rent of KRW 200,000,000,000 from March 14, 2016, and the lease term of KRW 55 million from March 14, 2016 (hereinafter “instant lease agreement”); ② the deposit amount of KRW 15,00,000,000 to the Defendant Company on a deposit basis in lieu of the monthly rent to be paid by Defendant A; and the deposit amount shall be converted to the deposit amount of the initial lease after the lapse of one year from the lease period; and if the termination of the contract would be, the deposit amount of KRW 175,500,000,000,000,000,000) shall be returned on the date of deposit.
B. On February 18, 2016, Defendant A obtained a loan of KRW 157,500,000 from the Eastern Fire Marine Insurance as of February 16, 2018, and on the same day, Defendant A transferred the lease deposit return claim under the instant lease agreement to the East East Fire Marine Insurance and notified the Defendant Company of the fact of transfer.
At the time, Defendant A prepared and submitted to the East Fire and Marine Insurance a letter of commitment stating that “I, even during the term of lease, you will immediately order your company or a person designated by your company to order the subject of the lease even if I would be able to receive a direct refund of the leased deposit from the lessor, even if I could not pay the principal and interest of the loan by the due date (or due date for loss of payment).”
C. On June 1, 2017, Dong Fire and Marine Insurance Act: ① (a) the Plaintiff transferred to the Plaintiff the total amount of the principal and interest of the loan to Defendant A, KRW 162,297,027 (interest and overdue interest of KRW 157,500,000 of the loan principal, and KRW 4,797,027) and ② the aggregate of the lease deposit claims to the Defendant Company, respectively.