logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.07.02 2012가합541120
추심금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 25, 2010, the Defendant leased, to B, the Songpa-gu Seoul Metropolitan Government 104 Dong 1401 (hereinafter “instant real estate”), the lease deposit of KRW 320,00,000, down payment of KRW 32,000,000, remainder of KRW 288,000,000, and the remainder payment date of November 5, 2010, and the lease term of KRW 24 months from November 5, 2010 to November 5, 2012.

(hereinafter “instant lease agreement”). B.

B on October 22, 2010, the Plaintiff loaned KRW 220,000,00 from the Plaintiff on November 5, 2012, the agreed interest rate of KRW 2.85% (three-month interest rate) and the agreed interest rate of KRW 12.85%, and the agreed interest rate of KRW 220,00,00 from the Plaintiff.

(hereinafter “instant loan”). C.

B, in order to secure the Plaintiff’s instant loan obligation on the same day, a pledge was established with a maximum amount of KRW 264,00,000 regarding the secured claim for refund of lease deposit under the instant lease agreement.

(hereinafter “instant pledge contract”). D.

On October 30, 2010, the Defendant signed a written consent of pledge and a written promise to refund lease deposit presented by the Plaintiff and delivered it to the Plaintiff in China, which had been residing in as of October 30, 2010. The main contents of the instant case are

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, as of the date of the preparation of this certification, has no amount to be paid by the lessee to the lessor due to reasons such as monetary lending and compensation for damages, and the full amount of the lease deposit is maintained, confirm that there is 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 accepts the pledge on the lease deposit and the claim to be returned without objection.

A lessor himself/herself is a lease contract when he/she returns a lease deposit due to the termination of a lease contract, termination of a contract, etc. with a lessee.

arrow