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1. The Defendant’s KRW 25,745,720 for the Plaintiff and the following: 5% per annum from March 14, 2015 to July 21, 2015.
Reasons
1. Facts of recognition;
A. From June 2013 to August 29, 2013, the Plaintiff leased KRW 50,000,000 to C under the name of the lease deposit for the Do and the 1st floor shop (hereinafter “instant commercial store”). The Defendant, together with C, guaranteed the Defendant’s loan obligation against C by using the instant commercial store. In order to secure the Plaintiff’s loan obligation, the Plaintiff, C, and the Defendant agreed to the lessee of the instant commercial store as the Plaintiff, and the said rent, etc. were to be borne by C and the Defendant. On June 12, 2013, the Plaintiff leased the instant commercial store from E to KRW 50,000,000,000, monthly rent, etc. (excluding value-added tax).
B. On August 25, 2014, E notified the Plaintiff that the lease contract will be terminated on the grounds of unpaid rent from May 2014 to August 2014. While the Defendant suffered difficulties due to the death of C, the Defendant requested the Plaintiff to continue the lease contract by paying the unpaid rent so that the loan may be repaid to the Plaintiff with the premium for the instant commercial store.
C. On September 15, 2014 and September 18, 2014, at the Defendant’s request, the Plaintiff paid to E a total of KRW 13 million for unpaid rent from May 2014 to August 2014.
The Defendant did not pay the rent to E even after September 2014. On January 12, 2015, the Defendant paid the rent of KRW 2,745,720 to the Plaintiff and the Defendant in arrears, and on the same day deducted the monthly rent of KRW 40 million from the Plaintiff until that time.
[Ground of recognition] The fact that there is no dispute, Gap's evidence 1, Gap's evidence 2-2, Gap's evidence 2-4 through 8, the purport of whole pleadings
2. Determination
A. According to the facts of recognition of Paragraph (1) of the judgment on the cause of the claim, C is obligated to pay the Plaintiff the money borrowed as the deposit for the lease of the commercial building in this case, and the Defendant is the guarantor.