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1. The defendant shall pay 240,000,000 won to the plaintiff and 20% per annum from March 10, 2015 to the day of complete payment.
Reasons
1. Basic facts
A. 1) The Plaintiff is a credit financial corporation specializing in installment financing loans, general loan facility leasing business (lease), etc., and the Intervenor joining the Plaintiff (hereinafter “ Intervenor”).
(2) The Defendant is a person who leased an apartment building No. C 102 Dong 1101, Busan City (hereinafter “the apartment building of this case”) that was owned by the Defendant to the Intervenor.
B. On August 8, 2012, the Defendant entered into a lease agreement between the Intervenor and the instant apartment (hereinafter “instant lease agreement”) with respect to the lease deposit amount of KRW 250,000,000 and the term of lease from September 6, 2012 to September 5, 2014 (hereinafter “instant lease agreement”).
C. The Plaintiff filed an application with the Intervenor for consultation on a pledge-backed loan to the claim for refund of the security deposit under the instant lease agreement. On September 10, 2012, the Plaintiff received a copy of the instant lease agreement and a resident registration statement on the details of transfer from the Intervenor on September 11, 2012, and confirmed that the instant lease agreement was directly made to the Defendant on September 11, 2012, and subsequently, on September 12, 2012, the Plaintiff entered into the instant loan agreement with the Intervenor and the amount of the loan amount of KRW 200,000,000,000,000, interest rate of KRW 24 months, base rate of 5.92% per annum per annum (three-month interest rate), interest rate of KRW 18.00 per annum, and interest payment rate of KRW 25 days per month (hereinafter “instant loan”).
(2) When concluding the instant loan contract with the Intervenor, the Plaintiff concluded a pledge (hereinafter “instant pledge”) on the claim to return the deposit to the Intervenor upon the termination of the instant lease contract.
3. On September 11, 2012, the Defendant, as the obligor for the return of the lease deposit, drafted “written consent for the establishment of pledge and written commitment for the return of the lease deposit” as follows.
The pledgee of a pledge with a written consent of the pledge and a promise to refund the lease deposit: Hyundai Capital.