1. The Defendant’s KRW 45,00,000 as well as the Plaintiff’s annual rate of KRW 5% from October 19, 2017 to October 18, 2018.

Facts of recognition

B on March 7, 2014, on the lease deposit amount of KRW 5,764,00,000, and KRW 461,120,00,000 from the Korea Land and Housing Corporation (hereinafter “the apartment of this case”) on a public rental housing unit (hereinafter “the apartment of this case”).

(hereinafter “instant lease agreement”). E, a licensed real estate agent affiliated with the Defendant, introduced the instant apartment in October 2014 to the Plaintiff. On October 31, 2014, the Plaintiff entered into a sub-lease agreement (hereinafter “sub-lease agreement”) with a deposit for sub-lease as to the instant apartment in the amount of KRW 90,000,000.

The following contents are specified in the special agreement of the sub-lease contract of this case:

The above apartment is a contract with LH's public rental apartment without obtaining the sub-lease consent from the construction, and the lessee is actively cooperating with the situation.

No lessee shall file a move-in report and a fixed date.

Upon E’s instruction, the Plaintiff paid KRW 1,00,00 to E, and KRW 89,00,000 to F, the former lessee of the instant apartment. On December 25, 2014, B issued to the Plaintiff a promissory note with the face value of KRW 90,000,000, the same amount as the deposit of the instant sub-lease contract, and notarized on February 12, 2015.

The Korea Land and Housing Corporation became aware of the conclusion of the instant sub-lease contract and demanded the Plaintiff to leave the instant apartment from January 17, 2017.

The Plaintiff filed a claim for damages against E and D as Suwon District Court 2017dan10721, and the above court rendered a judgment that E and D jointly pay to the Plaintiff KRW 90,000,000 and damages incurred therefrom.

On October 17, 2017, the Plaintiff claimed mutual aid money to the Defendant with a copy of the above judgment attached, and the above claim reaches the Defendant on October 18, 2017.

However, the defendant on November 9, 2017.