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(영문) 인천지방법원 2015.10.21 2015가합50596

추심금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. B entered into a lease agreement between B, C, and D on August 20, 2012, and between C, and D, with respect to the lease deposit amount of KRW 320,000,000, and the lease term of KRW 24 months from October 5, 2012 to October 4, 2014 (hereinafter “instant lease agreement”).

B. On January 14, 2013, the Plaintiff entered into a loan agreement and a pledge agreement between the Plaintiff and B with B on a loan of KRW 112,00,000 for a period of 22 months of the loan, interest on loans, “standard interest rate + 5.77% (three-month floating rate)”, and “the instant loan” (hereinafter “instant loan”) at a rate of 18% of the damages for delay. In order to secure the instant loan, the Plaintiff entered into a pledge agreement between B and B on a same day with B on a deposit basis with the collateral limit of KRW 134,40,000 regarding the claim for refund of the deposit under the instant lease agreement (hereinafter “instant pledge agreement”).

C. C and D’s consent of the pledge on January 2, 2013, with respect to the instant lease agreement and the instant pledge agreement, signed the “written consent of the lessee and written promise of the refund of the lease deposit (Evidence No. 4)” stating that “When the lessee returns the lease deposit due to the termination, termination, termination, etc. of the lease agreement with the lessee, he/she shall return the amount of the pledge to the ear company directly for the recovery of the relevant loan claim of the lessee (referring to the Plaintiff; hereinafter the same shall apply) within the extent of the balance remaining after deducting the amount of the deferred deduction pursuant to the lease agreement from the lessee’s deposit,” and that “if the owner (person) of the house is changed due to the sale and purchase of the object of the lease, he/she shall be treated as the leased loan from the ear company and apply to the new owner”.