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(영문) 전주지방법원 2018.11.27 2018가단4521
임대차보증금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On May 25, 2016, C entered into a lease agreement with D and D on the lease of the Young-gu E Apartment F (hereinafter “instant apartment”) with the term of KRW 260 million as security deposit and the term of lease from June 9, 2016 to June 8, 2018.

(hereinafter “instant lease agreement”). B.

The Plaintiff entered into a lease deposit loan agreement with D on the instant apartment (the loan amount of KRW 28 million, the maximum interest rate of damages for delay, 15% per annum, and the date of loan commencement on June 9, 2016). On June 2, 2016, the Plaintiff entered into a lease deposit agreement with D on the right to claim the return of the lease deposit against D’s lessor C as the creditor and the pledgee (the maximum amount of security KRW 249.6 million).

Article 4 (11) of the above pledge contract provides that "the founder shall not sublease all or part of the resident registration address or the leased building to a third party before the expiration of the lease term, and the benefit of the time is lost at the time of transfer or sub-lease."

C. On the other hand, as of June 3, 2016, C agreed with the Plaintiff to return the lease deposit without objection to the establishment of a pledge on D’s claim for the refund of the lease deposit.

On the basis of the terms and conditions of the lease agreement entered into by D, a pledgee, A (Plaintiff) and D, a lessee, based on the letter of consent to the pledge and the letter of commitment to the refund of the lease deposit, I will first return the balance after deducting the amount of deferred deduction (public charges, monthly arrears, damages due to the damage of the leased house, etc.) from the amount of deferred deduction at the time of the refund of the lease deposit.

1. Details of the lease contract;

2. Consent 1) Lending principal of the loan: 28 billion won: the amount of the pledge amount: 24,96 million won (200,000 won): other purposes of the fund use (4) that the lessee has no monthly rent or unpaid.

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