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(영문) 서울북부지방법원 2015.04.23 2014가합23601

추심금

Text

1. Defendant A shall pay to the Plaintiff KRW 197,187,270, and KRW 189,00,000 among them, from July 16, 2014 to the date of full payment.

Reasons

1. Basic facts

A. On October 18, 2013, the Plaintiff entered into a loan transaction agreement (hereinafter “instant loan transaction agreement”) with Defendant A, setting the loan transaction rate of 189,00,000 won prior to the type of loan, the loan amount of 189,00,000 won, the loan maturity of November 7, 2015, and the delay penalty rate of 18% per annum.

(Agreement on Loan Transactions shall be written on November 4, 2013). (b)

On October 18, 2013, Defendant A leased (hereinafter “instant lease agreement”) the Eunpyeong-gu Seoul Metropolitan Government No. 204 of D 204 (hereinafter “instant housing”) from C to November 7, 2015, by setting the lease deposit amount of KRW 270,000,000, and the period from November 7, 2013 to November 7, 2015.

C. 1) On October 18, 2013, Defendant A created a pledge to the Plaintiff regarding the claim for the refund of the lease deposit regarding the instant house in order to secure the repayment of the loan deposit. The contract establishing a pledge (hereinafter “mortgage”) will continue to maintain the resident registration that was transferred to the instant house during the loan period. The party who created a pledge right under Article 1 of the pledge right (hereinafter “the person who created a pledge right”) continued to maintain the resident registration (hereinafter “the person who created a pledge right”) created a pledge right with the contents following the secured claim prior to the instant contract.

1. Scope of secured obligation: The obligee explains that the developer may choose one of the following three types, which differs from the scope of the secured obligation, and as security for the obligation as provided for in the limited collateral:

(S) Limited Amount of security: 2. The debtor cannot sublet all or any part of the resident registration address or the leased building to a third party before the expiration of the lease term to the creditor, and the benefit of the lease is lost at the time of transfer or sub-lease.

“instant pledge contract” refers to “instant pledge contract.”

key. of this section.