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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. Facts of recognition;
A. On November 5, 2010, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with the following terms: (a) private-si C Apartment 101 Dong 803, a security deposit of KRW 100 million; (b) the lease period from October 20, 2010 to October 19, 2012; and (c) the lease agreement (hereinafter “instant lease agreement”).
B. On November 5, 2010, the Plaintiff entered into an agreement on the loan of KRW 24 months with the foregoing B, the agreed interest rate of KRW 3.95% (three-month floating rate), and the base interest rate of delay interest rate of KRW 13.95% (hereinafter “instant loan agreement”), and paid KRW 80 million to B.
C. At the same time as the instant loan agreement, the Plaintiff entered into a contract to establish a pledge (hereinafter “instant pledge contract”) with the maximum amount of KRW 96 million as to the claim to return the lease deposit to the Defendant upon the termination of the instant lease agreement. D.
On November 5, 2010, the Defendant, as a lessor of the instant lease agreement, signed with the Plaintiff a letter of consent to the establishment of the instant pledge and a letter of commitment to the repayment of lease deposit (hereinafter referred to as “written consent to the establishment of the instant pledge”). On November 8, 2010, the Plaintiff obtained a fixed date in the written consent to the establishment of the instant pledge, and the main contents thereof are as follows.
I agree to establish a pledge on the leased object under the following lease contract (or any receipt) that you receive by themselves pursuant to the said contract; 1. The location of the leased object: private, City, C apartment 101 Dong 803: A (Defendant lessee: No rent of KRW 100 million for the leased object: No rent of KRW 100 million for the leased object; and acceptance of the pledge on October 2, 2012 on October 2, 2012
(a) The amount of pledge right: 96 million won;
(b) The lessor himself/herself has no amount to be paid by the lessee to the lessor due to such reasons as lending and borrowing of money and compensation for damages as of the date of preparation of this certification.