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(영문) 수원지방법원 2017.11.10 2016나69017
양수금
Text

1. Of the judgment of the court of first instance, the plaintiff's claim of this case changed exchanged in this court is dismissed.

2. Action.

Reasons

1. Basic facts

A. On June 20, 2012, the Defendant: (a) entered into a lease agreement, entering into a loan agreement, and nonperformance of loan obligations; (b) On June 20, 2012, the Defendant is deemed to be the first third floor of the multi-household 1, 302 (hereinafter “instant apartment”).

(B) B drafted a real estate lease agreement with the content that the lease deposit amount of KRW 100,00,000, and the lease period of KRW 5,000 from July 5, 2012 to July 4, 2014 (hereinafter “instant lease agreement”).

(2) On July 25, 2012, B created a pledge on the claim for the refund of the lease deposit under the instant lease agreement and borrowed KRW 70,000,000 from the Effective Capital Co., Ltd. (hereinafter “Effective Capital”).

(3) From April 5, 2013 to April 11, 2014, if the interest on the instant loan loan was not paid, the Eff Capital shall pay KRW 7,980,000 out of the above amount to the interest accrued from April 5, 2013 to April 4, 2014, and Eff Capital shall appropriate the remainder to the interest accrued from April 5, 2013 to the principal, and accordingly, the amount of the instant loan liabilities remaining as of April 5, 2014 is the principal amount of KRW 28,96,645. (b) On the other hand, the Plaintiff entered into an entrustment contract with the Eff Capital to arrange the loan and receive the loan loans from the Eff Capital, and entered into an entrustment contract with the Eff Capital as the agent (hereinafter “instant contract”).

[Attachment Contract of this case] Article 10 (Offer of Security) (1) In order to secure the liability for damages under this contract and the liability for the acquisition of loan claims under the detailed agreement, the plaintiff will provide a security to filial Capital by the following methods:

1. Security: 100 million won following the conclusion of this Agreement.

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