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(영문) 서울중앙지방법원 2017.12.13 2016나56808

보증금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

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

B. On February 27, 2012, C entered into a lease deposit loan agreement between the Plaintiff (hereinafter “Plaintiff”) and the Plaintiff (hereinafter “Plaintiff”) on the basis of the claim for the refund of the instant lease deposit, regardless of the mutual change; hereinafter “the mutual change,”) with respect to which the amount of the loan was KRW 90,00,000, and the period of the loan was two years, the loan maturity was two years, the loan maturity was extended on February 27, 2014; the interest rate was £« 3.83% per annum; the repayment method was hereinafter “the loan agreement in this case”); and the Plaintiff was loaned KRW 90,00,00 on the same day.

(hereinafter “instant loan”). C.

At the time of the conclusion of the instant loan agreement, the Plaintiff entered into a pledge agreement with C with a limit of KRW 108,00,000 (hereinafter “instant pledge agreement”) regarding the secured claim for the repayment of the instant lease deposit in order to secure the obligation of the instant loan between C and C. On February 29, 2012, the written consent of the pledge (hereinafter “written consent of the instant pledge”) with the following content was drawn up and delivered to the Plaintiff.

The pledgee's consent to the pledge is the fact that the following lease agreements are the content of the pledge, and you agree to the creation of pledge to the lease deposit received by the principal (or to receive) in accordance with the contract:

1. Lease housing: The lessor of the apartment house of this case: The lessee of this case; and