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(영문) 서울중앙지방법원 2013.10.16 2013가단5039646

추심금

Text

1. The Defendant’s KRW 29,450,145 and KRW 28,813,065 among the Plaintiff and the Plaintiff’s KRW 28,813,065 each year from February 28, 2013 to the full payment.

Reasons

1. Facts of recognition;

A. On July 30, 2010, the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with respect to No. 510 of the Yangcheon-gu Seoul Metropolitan Government C Apartment No. 4, 510, with each of the terms that the deposit amount of KRW 90,000,000 and the term of lease from August 6, 2010 to August 6, 2012.

B. On July 30, 2010, the Plaintiff entered into an agreement on the security loan of lease deposit (hereinafter “instant loan agreement”) with a lending period of 24 months, the agreed interest rate of 3.78% (three-month floating rate), and the base interest rate of delay of 3.78%, respectively, and paid KRW 60,000,000 to B.

C. At the same time as the instant loan agreement, the Plaintiff entered into a pledge agreement with the maximum amount of KRW 72,00,000 on the claim to return the lease deposit to the Defendant at the time of termination of the instant lease agreement (hereinafter “instant pledge agreement”). D.

On August 4, 2010, the Defendant, as a lessor of the instant lease agreement, signed and delivered to the Plaintiff a letter of consent to the establishment of the instant pledge and a letter of commitment to the return of lease deposit (hereinafter “written consent to the establishment of the instant pledge”) stating that the Plaintiff consented to the establishment of the instant pledge (hereinafter “written consent to the creation of the instant pledge”). On August 4, 2010, the Plaintiff obtained a fixed date with the written consent to the establishment of the instant pledge, and the main contents are as follows.

I agree to the establishment of a pledge on the leased deposit which I have received under the following terms of the lease contract (or on the deposit to receive) by you.

1. Location of leased object: A lessor of Yangcheon-gu Seoul Metropolitan Government C Apartment No. 4, 510: The lease condition B: No rent of KRW 90 million, and acceptance of the pledge on August 6, 2010 on August 6, 2012;

(a) The amount of pledge right: 72 million won;

(b) the lessor himself as of the date of the preparation of this certification.