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(영문) 서울중앙지방법원 2016.05.19 2016가합1347

추심금

Text

1. The Defendant’s KRW 257,770,480 within the limit of KRW 350,00,000 and KRW 250,000 among the Plaintiff and the Plaintiff’s KRW 250,00,000.

Reasons

1. Indication of claim;

A. On April 30, 2014, B entered into a lease agreement with the Defendant (hereinafter “instant lease agreement”) with the terms that the lease deposit amount is KRW 350 million and the lease term is set from May 11, 2014 to May 10, 2016 (hereinafter “instant lease agreement”).

B. B, on May 23, 2014, borrowed a loan of KRW 250 million from the Plaintiff at the rate of 250 million up to May 10, 2016, 6.7% per annum, and 25% per annum of overdue interest rate.

(hereinafter “instant loan”). B, May 20, 2014, the Plaintiff, as security for the instant loan obligation, set up a pledge on the instant lease agreement that B had against the Defendant.

C. On May 22, 2014, the Defendant drafted a “written consent on the establishment of a pledge and a written promise on the return of the lease deposit,” stating, the Plaintiff, “I would accept the establishment of a pledge against the lessor’s claim for the return of the lease deposit, which the lessee B has against the Defendant. At the time of the lessee’s repayment of the lease deposit due to the termination, termination, termination, etc. of the lease agreement with the lessee, I would directly return the lease deposit to you for the collection of the lease deposit within the remainder, excluding the amount of deferred deduction (public charges and monthly arrears, and the amount of damages incurred when the leased house was destroyed) under the lease agreement.”

B From August 25, 2015, since August 25, 2015, the interest on the loan of this case began to be in arrears, and it has lost the benefit of time by delay more than twice.

As of January 25, 2016, the principal and interest of the instant loan is KRW 257,770,480 (i.e., principal interest of KRW 250,000,000, KRW 7550,910, KRW 319,570).

F. The instant lease agreement was terminated and terminated on May 2015, and B delivered the instant house to the Defendant on May 5, 2015.

G. The Plaintiff is a pledgee pursuant to Article 353(1) and (2) of the Civil Act.