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1. Defendant C shall deliver to Defendant C the buildings listed in the separate sheet to Defendant C.
2. Defendant D Co., Ltd. is the defendant.
Reasons
1. Facts of recognition;
A. On November 18, 2015, Defendant C entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant D Co., Ltd. (hereinafter “Defendant D”), setting the lease deposit amounting to KRW 67,300,000, and the term of lease from November 19, 2015 to November 18, 2016, with respect to the buildings listed in the separate sheet (hereinafter “instant building”).
B. On July 6, 2016, the Plaintiff loaned KRW 80,77 million to Defendant C at the maturity of July 6, 2018 and at the rate of 12.4% per annum (hereinafter “instant loan”). On June 29, 2016, the Plaintiff received from Defendant C the right to return the lease deposit amount of KRW 67,300,000 under the instant lease agreement with Defendant D.
C. On June 29, 2016, the Plaintiff was delegated with the authority to notify the assignment of claims by Defendant C, and notified Defendant D of the said assignment of claims, and the said assignment of claims reached Defendant D around that time.
In transferring the claim for the return of the lease deposit of this case to the Plaintiff, Defendant C prepared a letter of commitment to the effect that “When Defendant C is unable to pay the principal and interest of the loan by the due date (or the due date for the repayment of the lease deposit), the Plaintiff would immediately deliver the building of this case to Defendant D upon the expiration of the contract period concluded with Defendant D, and if necessary, there is no objection even if the Plaintiff notified the refusal to renew the lease contract by subrogation of Defendant C.”
E. Defendant C did not pay interest on the instant loan since November 10, 2018 to the Plaintiff.
[Evidence Evidence: Evidence No. 1 to 6, Evidence No. 1, No. 2 and No. 3, and the purport of the whole pleadings]
2. According to the above facts of recognition as to the cause of the claim, this case between Defendant C and Defendant D.