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1. The Plaintiff:
A. Defendant B shall pay KRW 49,074,485 as well as 20% per annum from July 10, 2015 to the date of full payment.
Reasons
1. The following facts may be found either in dispute between the parties or in combination with the purport of the entire pleadings as stated in Gap evidence Nos. 1, 2, Eul evidence No. 1, 2, and Eul evidence No. 5:
On October 6, 2011, the Plaintiff entered into a lease agreement with Defendant B, under the brokerage of Defendant C, which is a licensed real estate agent, with respect to the lease deposit amounting to KRW 120,000,000 and KRW 802,00 (hereinafter “instant apartment”) with respect to the lease deposit amounting to KRW 120,00,000, and from November 7, 2011 to November 6, 2013.
(hereinafter “instant lease agreement”). B.
(1) At the time of the conclusion of the instant lease agreement, the Plaintiff and Defendant B inserted Article 16,400,000 of the Special Agreement into the following provisions (hereinafter “the Special Agreement”). At the time of the conclusion of the instant lease agreement, there was concern that the repayment of the lease deposit could not be guaranteed due to each of the senior mortgage obligations, and the special agreement is set out at the time of the conclusion of the instant lease agreement: “The National Bank listed in the copy of the register of the register of the case set at KRW 116,40,000,000, while the lessor was at the same time set at KRW 55,000,000,000 for the principal and the remainder amount of the lease shall be repaid at KRW 15,100,000,000 for the remainder of the lease.”
3. The Plaintiff paid the down payment of KRW 12,00,000 on October 6, 201, the date of concluding the instant lease agreement, and the remaining KRW 108,000,000 on November 7, 201 of the same year, respectively, and the same month on the following day.
8. A fixed date of a lease contract has been obtained.
C. On November 14, 2014, Defendant B, a lessor, was fully paid the remainder from the Plaintiff, but the registration of the change was made only to the maximum debt amount of KRW 66,00,000 with respect to the registration of the establishment of a neighboring mortgage under the name of the National Bank Co., Ltd., and the registration was made.