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1. Defendant B shall deliver to the Korea Land and Housing Corporation the Hanam-si C apartment D.
2. Defendant.
Reasons
1. Facts of recognition;
A. On July 31, 2015, Defendant B entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) under which Defendant B would lease the said lease deposit amount of KRW 15,900,000, monthly rent of KRW 191,00, and the term of lease from December 15, 2015 to February 28, 2018 (hereinafter “instant lease agreement”). On December 28, 2015, Defendant B entered into a lease agreement under which the said lease deposit amount of KRW 37,900,000 (hereinafter “instant lease deposit”) is reduced by KRW 81,00, monthly rent of KRW 800 (hereinafter “instant lease agreement”).
B. On December 17, 2015, Defendant B entered into a loan agreement with E Co., Ltd. (hereinafter “E”) on December 28, 2015, which stipulates that KRW 36,00,000 shall be the date of loan, and on February 28, 2018, the expiration date of the loan period, the loan interest rate of KRW 4.7% (hereinafter “instant loan agreement”).
Defendant B entered into a personal financial and credit insurance contract (hereinafter “instant guarantee insurance contract”) between the Plaintiff and the Plaintiff on the same day as of February 28, 2018, with respect to the debt of the borrowed amount for one’s own E, the insured Party B’s obligation for loans, the amount of insurance coverage amounting to 36,384,329 won, and the insurance period.
C. Meanwhile, as security on the same day, E received KRW 37,00,000 from Defendant B’s obligation to return deposit under the instant lease agreement that Defendant B had against Defendant Corporation, and Defendant B notified Defendant B of the assignment of the said obligation to Defendant Corporation on December 21, 2015, and the notification of the said assignment of obligation reaches Defendant Corporation around that time.
When Defendant B delayed the payment of principal and interest under the instant loan agreement, E claimed insurance proceeds under the instant guarantee insurance contract to the Plaintiff on April 6, 2018 on the ground of an insured incident, and the Plaintiff on May 10, 2018.