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(영문) 서울중앙지방법원 2015.10.15 2014가단5248553

임대차보증금

Text

1. The primary defendant A is within the limit of KRW 80,000,000 and KRW 64,300,967 among them and KRW 64,30,968 among them.

Reasons

1. Basic facts

A. On February 4, 2013, the Plaintiff loaned KRW 64,000,000 to C at an interest rate of 8.8% per annum.

(hereinafter “instant loan”). (b)

C On February 15, 2013, Defendant A leased Gangseo-gu Seoul Metropolitan Government Dazine Non-02 (hereinafter “instant real estate”) KRW 80,000,000 as the lease deposit, and the lease period from February 15, 2013 to February 15, 2015.

(hereinafter “the lease of this case”). C.

In order to secure the instant loan, on February 15, 2013, the Plaintiff created a pledge right with respect to the claim for the refund of the lease deposit against Defendant A at KRW 80,000,000 with respect to the claim for the refund of the lease deposit against Defendant C.

On February 8, 2013, Defendant A prepared a written consent of pledge (hereinafter referred to as “written consent of this case”) with the content of accepting the establishment of the said pledge (hereinafter referred to as “written consent of this case”) and delivered it to the Plaintiff’s employee.

On February 18, 2013, the Plaintiff obtained a fixed date in the instant written consent.

The consent of this case is written in the letter of "I consent to the pledge on the condition that "I will return the remainder after deducting rent and other expenses from the rent and other expenses at the time of the return of the lease deposit stipulated in the lease contract to the pledgee and confirm that the following is correct: In the event the lessee orders the leased object even during the lease contract term, or even during the contract term, the lessor is obligated to pay the deposit if the lessee orders the leased object. However, in this case, if the lessee is forced to return the deposit without permission before the withdrawal of the entire household of the HK Savings Bank, the lessee shall not return the deposit without permission, and the pledgee shall immediately notify the HK Savings Bank, the pledgee, of the terms of the lease contract of this case." It is written in the letter of this case, "I consent to immediately contact the lessee at the time of the occurrence of other changes, such as the sale of the leased house, the lessee's change, and the request for the return of the deposit at the expiration of the lease term."

E. Defendant A.