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(영문) 서울중앙지방법원 2015.04.17 2014가합576700

추심금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 146,187,98 and KRW 143,00,000 among them, from October 22, 2014.

Reasons

Facts of recognition

On November 15, 2012, Defendant A and C entered into a lease agreement between Defendant A and C with respect to the Dongjak-gu Seoul Metropolitan Government D 303 (hereinafter “instant real estate”) owned by C with respect to the lease deposit amount of KRW 220,00,000, and the term of lease from November 22, 2012 to November 21, 2014.

(2) On November 20, 2012, the Plaintiff entered into a loan agreement and a pledge agreement between the Plaintiff and the Defendant A (hereinafter “instant lease agreement”). On November 20, 2012, the Plaintiff entered into a pledge agreement with Defendant A with the amount of KRW 143,00,000 for the loan period of KRW 24 months, interest base rate of KRW 8% (three-month interest rate), interest rate of delay damages rate of KRW 18% per annum (hereinafter “instant loan”). In order to secure the instant loan, on the same day, the Plaintiff entered into a pledge agreement with Defendant A and the instant lease agreement with the amount of KRW 185,90,00 for the claims to return the lease deposit under the instant lease agreement (hereinafter “instant pledge agreement”).

The consent, etc. of C to the contract to establish a pledge of this case

2. The lessee A is in the state of receiving a loan as a security from the Hyundai Capital, and the lessee has the status of establishing a pledge on the deposit which is refunded from the lessor at the time of termination of the lease as a security related thereto.

(Pledge Amount: 185,900,000 won) The Minister of Finance and Economy must find out the thickness of the lease.

① Upon termination or early termination of the lease, to Hyundai Capital Co., Ltd., the pledgee rather than the pledgee, the lessee has returned the amount of debt owed by the lessee to Hyundai Capital Capital within the extent of balance, excluding the amount of deferred deduction under the lease contract (public charges and monthly overdue charges, damages incurred by damage to the leased house, etc.) from the lease deposit.

(2) When selling a leased house, seizure, etc. of a deposit for lease, or renewal of a lease contract shall be made.

(2) If any ground to change the terms and conditions of the lease occurs, it shall be prior.