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1. Defendant A shall deliver to the Dongdong Housing Co., Ltd. the real estate listed in the separate sheet.
2. The defendant corporation.
Reasons
1. Basic facts
A. On May 12, 2016, Defendant A entered into a lease agreement between the Defendant Company and the Defendant Company with respect to the instant real estate, setting the deposit deposit amounting to KRW 56,650,00, monthly rent amounting to KRW 247,200, and the lease period from May 6, 2016 to May 6, 2017 (hereinafter “instant lease agreement”), and thereafter, owns the instant real estate upon delivery.
B. Around May 10, 2016, the Plaintiff loaned KRW 42,900,000 to Defendant A at an interest rate of 3.8% (changing interest rate), maximum of 20% of overdue interest rate, and maturity on May 5, 2017.
C. On May 13, 2016, the Plaintiff entered into an agreement with Defendant A on the transfer of the claim for the return of the lease deposit against Defendant A to the Plaintiff, and Defendant A notified the Defendant Company of the transfer of the deposit and reached the Defendant Company on May 17, 2016.
[Reasons for Recognition] Facts without a partial dispute, entry of Gap's evidence 1 to 5, purport of the whole pleadings
2. According to the facts of the above recognition, the instant lease agreement was terminated on May 5, 2017, and thus, the Defendant A is obligated to deliver the instant real estate to the Defendant Company upon a subrogation claim to preserve the Plaintiff’s claim against the Defendant Company. At the same time, the Defendant Company is obliged to pay the Plaintiff KRW 56,650,000 as lease deposit, along with the delivery of the instant real estate from the Defendant Company A.
In regard to this, the Defendant Company asserted that, from the lease deposit of this case, Defendant A had the obligation to return only 42,90,000 won out of the remainder after deducting all the obligations arising from the lease relationship until the delivery of the instant real estate by Defendant A, and based on the evidence No. 3, Defendant A bears the obligation to pay the Defendant Company the sum of the overdue rent, etc. 1,52,150 won as of July 3, 2017.