1. The Defendant’s KRW 41,635,832 as well as the Plaintiff’s KRW 5% per annum from February 13, 2014 to December 15, 2015.

1. Basic facts

A. The New Savings Bank (hereinafter “Plaintiff”) was a company bankrupt on October 29, 2013, and the Plaintiff was appointed as a trustee in bankruptcy.

B. On April 1, 2003, the Defendant entered into a lease on a deposit basis with C to March 25, 2005 with respect to the second underground floor (hereinafter “instant building”) among the buildings owned by Seocho-gu Seoul, Seoul and three lots of land outside Seocho-gu (hereinafter “instant building”), and completed the registration of the establishment of a lease on a deposit basis as Seoul Central District Court No. 18943, Apr. 3, 2003.

C. C transferred the right to lease on a deposit basis to the Plaintiff Company with the consent of the Defendant on April 22, 2003, and thereafter, C transferred the right to lease on a deposit basis to the Plaintiff Company as Seoul Central District Court No. 25186, Apr. 29, 2003.

After the expiration of the term of lease on a deposit basis, E, a successful bidder, paid in full the sale price on December 23, 2013 in a voluntary auction case (Seoul Central District Court D) regarding the instant real estate commenced upon the Plaintiff’s application. On February 13, 2014, the date of distribution, the Plaintiff received distribution of KRW 58,364,168, out of KRW 100 million.

[Ground of recognition] Facts without dispute, Gap 1 through 9 evidence, purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendant, a debtor for the return of security deposit, is obligated to pay 41,635,832 won, subtracting 58,364,168 won collected by the Plaintiff from 100 million won of security deposit for lease on a deposit basis, which is the transferee of the claim for the return of security deposit, and damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act from February 13, 2014, which is the date of partial collection of the deposit for lease on a deposit basis, until December 15, 2015, which is the date of service of the complaint in this case, and from the next day to the date of full payment, 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.

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