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(영문) 서울중앙지방법원 2015.11.13 2015가단5119430

대여금

Text

1. The Defendants jointly share KRW 134,920,83 and KRW 130,168,804 among them to the Plaintiff, respectively, from April 18, 2015.

Reasons

1. Basic facts

A. On October 1, 2013, Defendant A entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B, setting the lease term from October 17, 2013 to October 17, 2015 (hereinafter “instant lease agreement”) as the lease deposit amount of KRW 200 million (hereinafter “instant lease deposit”). Defendant A entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B, setting the lease term from October 17, 2013 to October 17, 2015.

B. On October 17, 2013, the Plaintiff and the Defendant A entered into a loan agreement and pledge agreement 1) on a loan period of KRW 160,000,000 to Defendant A, 2 years of loan, interest rate of KRW 3.2% (COFX) + interest rate of 3.2% (three-month change rate), and additional dues for each overdue period of not more than three months, if the overdue period is more than three months, 7% per annum, 8% per annum, and 9% per annum if the overdue period is more than three months but not more than six months, and the highest interest rate is more than 17% per annum (hereinafter referred to as “instant loan”).

(2) In order to secure the Plaintiff’s claim for the instant loan on the same day, the Plaintiff and Defendant A concluded a pledge contract with a limit of KRW 192 million with respect to Defendant A’s claim for the refund of the instant lease deposit.

(2) At the time, Defendant A agreed to transfer the resident registration address prior to the expiration of the lease term under the instant lease agreement, and to lose the benefit of the time limit for the instant loan obligations if it is violated.

C. Defendant B’s consent to the creation of the instant pledge right between the Plaintiff and the Defendant, stating that “The lessee himself/herself would consent to the establishment of the instant pledge right without objection, and return to the Plaintiff the balance after deducting the reasonable deduction amount at the time of the refund of the lease deposit,” with respect to the instant pledge right creation between the Plaintiff and the Defendant.