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(영문) 서울동부지방법원 2017.08.24 2017가합100466

추심금

Text

1. The defendant shall pay 235,200,000 won to the plaintiff and 5% per annum from December 27, 2016 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On October 15, 2012, the Defendant completed the registration of ownership transfer on the ground of sale following voluntary auction with respect to the Seongbuk-gu Seoul apartment No. 114 Dong 204 (hereinafter “instant apartment”).

On November 1, 2012, the Defendant and C prepared to C a lease agreement with the content that the instant apartment was leased to C by setting the lease deposit amount of KRW 250 million and the lease period of the instant apartment as from February 1, 2013 to February 24, 2013.

(hereinafter referred to as “the lease of this case”) B.

On January 24, 2013, the Plaintiff extended a loan of KRW 196 million to C on February 1, 2015, the agreed interest rate + 7.15% (three-month interest rate) and delay damages rate at 18% per annum.

(hereinafter “instant loan”). On the same day, in order to secure the obligation to refund the instant loan, the Plaintiff and C concluded a pledge contract with C on the instant lease deposit amounting to KRW 235,200,000 against the Defendant (hereinafter “instant lease contract”).

C. At the time of entering into the instant pledge agreement, the Defendant signed the letter of consent to the establishment of pledge and the letter of promise to refund the lease deposit (hereinafter “written consent of this case”) stating the following contents and delivered it to the Plaintiff.

A pledgee: The Defendant, under the terms of the instant lease agreement, accepted the Plaintiff’s establishment of a pledge on the leased deposit claims received by the principal under the said agreement.

2. Acceptance of the pledge;

(a) Object of pledge right: Claims for return of lease deposit (the maximum amount of claims: 230 million won);

B. As of the date of the preparation of the written consent of this case, the lessor himself/herself has no amount to be paid by the lessee to the lessor due to reasons such as monetary lending and compensation for damages, and the full amount of the lease deposit is maintained, and (a) seizure, debt collection order, assignment notification, etc. from a third party on the above lease deposit;