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1. Defendant B:
A. The Plaintiff’s KRW 51,161,591 as well as 6% per annum from January 23, 2020 to February 21, 2020.
Reasons
1. Basic facts
A. On October 23, 2017, Defendant B entered into a lease agreement with the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) on the lease deposit amounting to KRW 53,825,00, monthly renting KRW 213,580, and the lease term from November 1, 2017 to October 31, 2019.
(hereinafter “instant lease agreement”) between the Defendants. B
On October 2017, the Plaintiff entered into a personal financial and credit insurance contract (hereinafter “instant insurance contract”) with Defendant B as to the entire loan obligation owed by Defendant B to Defendant B Co., Ltd. (hereinafter “Nonindicted Company”) and issued the insurance policy.
C. Around October 2017, Defendant B: (a) obtained a loan of KRW 51,00,000 from a non-party company as a security on October 30, 2019; (b) transferred the right to refund the lease deposit amount of KRW 53,825,00 according to the instant lease agreement to the non-party company around October 2017; and (c) notified the Defendant Corporation of the said transfer on November 1, 2017.
As Defendant B did not pay the above loan obligations to Nonparty Company, the Plaintiff paid KRW 51,161,591 to Nonparty Company in accordance with the instant insurance contract on January 22, 2020, and acquired the right to return the lease deposit from Nonparty Company.
On January 22, 2020, the non-party company notified the defendant Corporation of the above transfer.
E. Meanwhile, Defendant B occupied the instant real estate by being transferred from Defendant Corporation pursuant to the instant lease agreement.
【Defendant Corporation’s Grounds for Recognition: Judgment deemed as a confession (Article 208(3)2 of the Civil Procedure Act): Defendant B without dispute, entry of evidence Nos. 1 through 8, and the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the above facts of recognition as to the claim for reimbursement against Defendant B, Defendant B shall be subject to the judgment.