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(영문) 서울중앙지방법원 2021.01.07 2019가단5063764

구상금

Text

1. The Plaintiff:

A. Defendant B: (a) as to KRW 113,703,560 and KRW 113,108,087 among them, from March 12, 2019 to July 2, 2019.

Reasons

1. Facts of recognition;

A. On July 27, 2016, the Defendants concluded a lease agreement (hereinafter “instant lease agreement”) with Defendant C on the lease deposit amounting to KRW 430,00,000, and the lease period from August 31, 2016 to August 30, 2018.

2) On July 27, 2016, Defendant B paid KRW 40,000,000, which is the date of the contract, to Defendant C as down payment.

B. Under the name of “G”, F Co., Ltd. (hereinafter “F”) lent the lease deposit that the lessee pays to the lessor by the expiration date of the lease term, or the lessee has been engaged in the lending business with the maximum amount of the lease deposit up to the expiration date of the lease term even after the lessee has paid the lease deposit to the lessor, and the lessee has also been engaged in the lending business with the maximum amount of the lease deposit up to the expiration date of the lease term. Such details are written in the product introduction.

2) On July 28, 2016, the instant bank agreement to lend KRW 110,000,000 to Defendant B as of August 30, 2018 (hereinafter “instant loan agreement”).

AB concluded the agreement.

3) On July 28, 2016, the instant bank concluded a contract to establish a pledge of fixed-term security (hereinafter “instant pledge contract”) with Defendant B as the secured obligation for the repayment of Defendant B’s loan under the instant loan agreement with Defendant B as the object of the claim to return KRW 430,000,000 under the instant lease agreement held by Defendant B against Defendant B, a lessor, but with the amount of the collateral amount of KRW 132,00,000, the amount of which is KRW 132,000.

4) The instant bank entered into a pledge contract on August 8, 2016.