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Reasons
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(영문) 서울고등법원 2015.03.11 2014나2026819
추심금
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1. Revocation of a judgment of the first instance;

2. The defendant shall be jointly and severally with the non-party B within the limit of KRW 264,00,000,000,000.

Reasons

1. Basic facts

A. On September 25, 2010, the Defendant entered into a lease agreement with the Defendant on September 25, 2010 with respect to the lease deposit amount of KRW 320,000,000, down payment of KRW 32,000,000, remainder payment of KRW 288,000,000, and the remainder payment of KRW 288,000,000, and the remainder payment of KRW 24 months from November 5, 2010, the lease agreement between November 5, 2010 and November 5, 2012, which was held by the Defendant.

(hereinafter “instant lease agreement”). B.

On October 22, 2010, the Plaintiff entered into a pledge agreement with B on October 22, 2010, with a loan of KRW 220,00,000,000, with a view to securing the instant loan (hereinafter “instant loan”). In order to secure the instant loan, the Plaintiff entered into a pledge agreement with B on the same day (hereinafter “instant pledge agreement”) with B by setting the maximum amount of the security deposit deposit as KRW 264,00,000,000 with respect to the instant lease agreement.

C. On October 30, 2010, the defendant, such as the defendant's consent of the right of pledge, entered the following contents in relation to the lease contract and the pledge contract of this case, and "written consent of this case" and "written consent of this case" are "written consent of this case."

1. The Plaintiff signed and delivered this to the Plaintiff.

I agree to the establishment of a pledge on the leased deposit received (or to receive) by the principal under the following terms of the lease agreement:

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/herself has no amount to be paid by the lessee to the lessor due to such reasons as monetary lending and compensation as of the date of the preparation of this certification, and the full amount of the lease deposit is maintained.

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