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1. The Defendant’s KRW 45,808,640 and the Plaintiff’s 20% per annum from March 17, 2015 to September 30, 2015.
Reasons
1. Determination on the cause of the claim
A. The Defendant entered into a lease agreement with D Co., Ltd. (hereinafter “D”) on September 16, 2010 by setting the lease amount of KRW 120,00,000 as follows, the contract deposit of KRW 48,00,000, lease fee of KRW 2,386,858, and the lease term of KRW 36 months as follows:
hereinafter referred to as "the primary lease agreement".
) On April 2, 2007, the date of manufacturing the manufacturing number No. 1 Tae-doping E 311377, Apr. 2, 2007, 2007, G Supplier H Co., Ltd (I Co., Ltd. J did not pay the rent for the first lease contract at around February 10, 2012. D terminated the lease contract and claimed the Defendant for the amount of the claim for the earlier termination of the lease contract after adding the unpaid principal, the amount of losses incurred by the provision, the overdue lease, etc.
On February 14, 2012, the Plaintiff repaid 45,808,640 won to the virtual account under the name of the Defendant for early termination of the first lease contract.
B. According to the above facts of recognition, the defendant is obligated to reimburse the plaintiff 45,808,640 won subrogated by the plaintiff, unless there are any particular circumstances.
2. Judgment on the defendant's assertion
A. The Defendant’s husband’s argument provided the instant machinery as security for the purpose of securing the Plaintiff’s obligation to the Plaintiff. The Plaintiff assumed the instant machinery in order to enforce the security right for transfer and performed the obligation against D, which is a senior security interest, so the Defendant did not have a duty to repay the said machinery to the Plaintiff.
B. 1) In order to secure a loan of KRW 150,000,000 between the Plaintiff and K on February 15, 2011, the Plaintiff entered into a security transfer contract for the following items (hereinafter “instant security transfer contract”).
The model name of the facility(SPING) was entered into. The number of model names for the facility(SPING.).