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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. Facts of recognition;
A. The Plaintiff entered into a lease agreement with Defendant B on behalf of the Plaintiff, the owner of the F (the wife of the Plaintiff) (hereinafter “the apartment of this case”). Defendant B is a person who leased and resided the apartment of this case from around 2004, and Defendant C and D are children of Defendant B.
B. On June 8, 2004, the Plaintiff entered into a lease agreement on behalf of F with Defendant B, setting the lease deposit as KRW 100 million, and entered into an agreement on the instant apartment on behalf of F, and subsequently, the said lease agreement was explicitly renewed on June 15, 2010, and subsequently, on June 13, 2012, the lease deposit as KRW 200 million (the lease term until June 12, 2014) was determined as KRW 150 million.
At the time of the lease agreement as of June 15, 2010, Defendant C entered into a contract on behalf of each of the Defendant B at the time of the lease agreement as of June 13, 2012 (hereinafter the above lease agreement as of June 13, 2012).
After the instant lease agreement, Defendant B obtained a fixed date with respect to the instant lease agreement on June 19, 2012.
C. Defendant B received loans of KRW 160 million in total, including the sum of KRW 100 million from one Capital, KRW 120 million on May 8, 2012 (which was used as Defendant D’s business funds), and KRW 40 million on June 28, 2012 (which was used as the lease deposit increased as of June 13, 2012), pursuant to the loan agreement with Han Capital Co., Ltd. (hereinafter “I Capital”); Defendant D became its joint guarantor.
At the time of the above loan agreement, Defendant B transferred the entire claim for the repayment of the lease deposit under the instant lease agreement to one Capital Capital as security for the loan, and Han Capital was delegated with the authority to notify the assignment of the claim from Defendant B, and on June 9 and June 29, 2012.