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1. Defendant B’s KRW 190,000,000 within the limit of KRW 264,000,000 for the Plaintiff and the Plaintiff’s payment from October 8, 2016.
Reasons
1. Facts of recognition;
A. On September 25, 2010, the Plaintiff entered into a lease agreement with Defendant B on the deposit amount of KRW 320,000,000, down payment of KRW 322,000,000, remainder amount of KRW 288,000,000, and the remainder payment of KRW 288,00,000, and the remainder payment date of November 5, 2010, and from November 5, 2010 to November 5, 2012 (24 months) with the lease term of KRW 320,00,000, the Plaintiff owned by the Plaintiff.
(hereinafter “instant lease agreement”). B.
On October 22, 2010, Hyundai Capital Co., Ltd. (hereinafter “Nonindicted Company”) concluded a pledge (hereinafter “instant pledge contract”) with Defendant B regarding the claim for the return of the lease deposit under the instant lease agreement with Defendant B as KRW 220,000,000,000, with the agreed interest rate of KRW 2.85% (three months change), and with the agreed interest rate of KRW 2.85% (hereinafter “base interest rate”). In order to secure the instant loan, Defendant B entered into a pledge contract with Defendant B as to the collateral amount of KRW 264,00,000 regarding the claim for the return of the lease deposit under the instant lease agreement with Defendant B on the same day.
C. On October 30, 2010, with respect to the instant lease agreement and the instant pledge agreement, the Plaintiff signed a letter of consent to the establishment of the pledge and a letter of commitment to the refund of the deposit, stating the following contents, and delivered it to the non-party company.
I agree to establish a pledge on the lease deposit received (or to receive) by the principal under the following terms of the lease contract:
2. Acceptance of the pledge;
(a) Loan principal: 20,000,000 won; and
(b) Amount of pledge right: 264,000,000 won;
(c)the lessor himself, as of the date of the preparation of this certification, 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 seized by a third party on the above lease deposit.