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(영문) 인천지방법원부천지원 2017.08.22 2016가단111500

추심금

Text

1. The Defendants jointly share KRW 134,400,000 to the Plaintiff and Defendant A with respect thereto from April 19, 2017, and Defendant B.

Reasons

1. Facts of recognition;

A. On August 20, 2012, C leased (hereinafter referred to as “the instant apartment”) the lease deposit amount of KRW 320,000,000 from October 5, 2012 to October 4, 2014, by setting the lease deposit amount of KRW 1202,00,000,000, and the lease term of KRW 3220,000,000,000.

B. On January 14, 2013, the Plaintiff entered into a pledge agreement with C on a loan amounting to KRW 112 million with a period of 22 months, loan interest £« 5.77% (three-month change rate), and damages for delay 18% (hereinafter “instant loan”). In order to secure the instant loan, the Plaintiff entered into a pledge agreement (hereinafter “instant pledge agreement”) with C on the same day, whereby C and C set the maximum amount of collateral for the instant claim for the refund of the instant lease deposit amount at KRW 134 million.

C. On January 2, 2013, with regard to the instant lease agreement and the instant pledge agreement, the Defendants signed a letter of consent to the establishment of a pledge and a letter of promise to return the deposit to the Plaintiff (hereinafter “written consent of this case”) stating that “When the lessee returns the deposit due to the termination of the lease agreement or the termination, etc. of the contract with the lessee, the amount of the pledge is to be returned directly to the return company to collect the relevant loan credit of the lessee (hereinafter “the Plaintiff”) within the extent of the balance remaining after deducting the amount of deferred deduction under the lease agreement from the amount of the lease deposit,” and that “in the event the owner (the lessee) of the house due to the sale and purchase of the leased object is changed, the lease loan was treated as the loan from the return company and the fact that the lease is applied to the new owner shall be notified to the return company.”

The Defendants entered into a contract with E on July 14, 2013 to sell the instant apartment in the purchase price of KRW 625 million.