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(영문) 서울중앙지방법원 2016.09.06 2014가단5210251

보증금

Text

1. The Defendant’s KRW 99,412,273 within the limit of KRW 108,00,000 for the Plaintiff and KRW 90,00,000 for the Plaintiff. < Amended by Presidential Decree No. 25505, Sep. 16, 2014>

Reasons

1. Facts of recognition;

A. On January 3, 2012, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant setting the lease deposit of KRW 120 million from February 29, 2012 to February 27, 2014 with the lease deposit of KRW 12,00,000,000, and the lease term of KRW 200,000 from February 29, 2012 to KRW 3 (hereinafter “instant lease agreement”).

After the conclusion of the instant lease agreement, C obtained a fixed date from the Fdong, Suwon-si, Suwon-si, in order to obtain a security loan for lease deposit from the Plaintiff (LIG non-life insurance at the time of the conclusion of the instant lease agreement), and the instant lease agreement is owned by the Plaintiff based on the pledge agreement regarding the security loan for lease deposit as follows:

B. C at the time of the instant lease agreement, at the time of the instant lease agreement, received a new loan against the Plaintiff to secure the claim for refund of the deposit for lease on a deposit basis of the instant lease agreement at the rate of 3.83% with a traffic rate of 3.83%, and on February 27, 2014 (hereinafter “instant loan”).

The loan contract of this case concluded between the Plaintiff and C at the time of the loan of this case includes the details of the lease of this case as security. The contract of this case includes the name B (Defendant), resident registration number, address (G apartment 914-204, G apartment 914-204, contact number (H), and the fixed date of the lease of this case as the contract of this case.

C. At the time of the instant loan, the Plaintiff: (a) concluded a pledge agreement that establishes a pledge on the claim for refund of the security deposit under the instant lease agreement (hereinafter “instant pledge agreement”) by setting the maximum amount of KRW 18 million in order to secure the obligation of the instant loan with C; and (b) the Defendant concluded a pledge agreement that establishes the security right on the claim for refund of the security deposit under the instant lease agreement; and (c) on February 29, 2012, the amount of the loan amount of KRW 90 million and the amount of the pledge creation KRW 18 million.