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Reasons
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(영문) 대전고등법원 2015.01.14 2013나11896
추심금
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1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The defendant shall not exceed 122,400,000 won to the plaintiff.

Reasons

1. Judgment as to the main claim

A. Facts of recognition 1) Incheon Nam-gu C apartment 6, 608 (hereinafter “instant apartment”)

(1) On June 11, 2010, a lease agreement was concluded on June 11, 2010 to the effect that A leases the instant apartment from the Defendant on March 2, 2012, setting the lease deposit amount of KRW 130,000,000, and the lease period of KRW 2 years (hereinafter “instant lease agreement”).

(2) On March 15, 2012, the Plaintiff entered into a pledge agreement in which the amount of KRW 102,00,000 on the basis of interest rate of KRW 6.07% (three-month change) on March 19, 2012, and the due date of reimbursement of KRW 18% on March 19, 2014 on the same day (hereinafter “instant loan”). In order to guarantee the repayment of the above loan (hereinafter “instant loan”), the Plaintiff entered into a pledge agreement with the maximum claim amount of KRW 122,40,000 on the claim for the refund of the lease deposit under the instant lease contract (hereinafter “instant pledge agreement”).

The Defendant is a true fact that the terms of the instant lease agreement are the contents of the instant lease agreement, and accepts the Plaintiff’s establishment of a pledge on the leased deposit claims received by the Defendant

[Acceptance on Establishment of Pledge]

(a) Object of the right of pledge: Claim for return of the deposit for lease (the maximum amount of claims shall be 122,400,000 won);

B. As of the date of the preparation of the written consent of this case, the Defendant, a lessor, has no amount to be paid to the Defendant by the lessee due to reasons such as monetary lending and compensation for damages, has maintained the full amount of the lease deposit, has confirmed that there was no infringement of rights, such as (a) seizure, debt collection order, assignment notice, pledge, etc. from a third party on the above lease deposit, and has accepted the establishment of a pledge on

C. The Defendant, a lessor, is due to the termination or termination, etc. of the instant lease contract.

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