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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. The reasons for the court’s explanation in this part are the same as “1. Recognizing facts” for the judgment of the court of first instance, except for dismissal or addition as follows. Thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.
On August 15, 2014, prior to the expiration date of the loan period of 3rd page, the following is included in the written consent of the above pledge by adding the following parts to the third end of the third place: the rate of interest rate of 7.4% per annum, and the "Additional".
2. Acceptance of the pledge;
(a).
(c) (Omission)
D. When a lessor (the Defendant) returns a lease deposit due to the termination of a lease contract or termination of a contract with a lessee, he/she (the Defendant) shall directly return the deposit to the Plaintiff to the extent of the remainder, excluding the amount of annual deduction under the lease contract, from the lessee’s deposit.
However, if you request, you may return to the lessee.
3. Declaration of the refund of lease deposit;
(a) (Omission)
(b) to specify in the sales contract that if the owner (user) of a house is changed due to the sale and purchase of the leased object, he/she shall be treated as a loan from your company and shall notify your company of the contents of the pledge and the fact that it applies to the new owner.
at the bottom of Part 3, up to Part 2 to the Defendant.
2. The assertion and judgment
A. As can be seen by the facts of recognition 1 as to the cause of the claim, the lease term of the instant lease and the expiration date of the loan term of the instant loan agreement has expired. As such, the Defendant, the obligor of the claim to return the lease deposit under the instant lease agreement, pursuant to the agreement of pledge agreement, shall file a complaint with the Plaintiff, the lessee of the said claim, who is the right holder of the instant lease agreement, KRW 120,000, the amount equivalent to the loan under the instant loan agreement, out of the lease deposit under the instant lease agreement, and the Plaintiff’s claim therefor.