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1. The Defendant’s KRW 260,000,000 as well as 5% per annum from February 28, 2019 to September 19, 2019 to the Plaintiff.
Reasons
1. Basic facts
A. On March 17, 2016, the Defendant entered into a lease agreement with D on the instant apartment with the term of 260,000,000, and the term of 2 years from May 2, 2016 (hereinafter “instant lease agreement”), and received KRW 260,00,000,00 as the lease deposit from D.
B. On May 2, 2016, the Plaintiff entered into a guarantee contract for security deposits for lease on a deposit basis (hereinafter “the instant guarantee contract”) with D with the content that the Plaintiff shall pay the deposit to D in the event of a guarantee accident that fails to receive the deposit without justifiable grounds, even after one month has passed since the instant lease contract was terminated or terminated.
C. On May 1, 2018, upon the termination of the instant lease agreement and the expiration of one month thereafter, D requested the Plaintiff to pay the guaranteed liability, as D did not receive the lease deposit from the Defendant. On June 29, 2018, the Plaintiff paid KRW 260,000,000 to D.
D On the other hand, on May 4, 2018, under the order of lease registration with the deposit of KRW 260,000,000 for the instant apartment (U.S. District Court 2018Kadan141), and on May 16, 2018, the registration of the housing lease was completed on the instant apartment on May 4, 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, 10, and 13, the purport of the whole pleadings
2. Summary of parties' arguments;
A. The Plaintiff’s assertion D had delivered the instant apartment on May 1, 2018, which was around the time when the instant lease contract was terminated, to the Defendant, but the Defendant did not pay the lease deposit to D until now.
Therefore, the Defendant is obligated to pay the Plaintiff, who subrogated D under the instant guarantee agreement, KRW 260,00,000, and damages for delay from June 30, 2018, which is the day following the date of the Plaintiff’s subrogation.
B. The defendant's assertion is up to now.