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1. The defendant shall pay to the plaintiff the amount of KRW 57,945,096 and KRW 55,484,736 from August 15, 2013 to the date of full payment.
Reasons
1. Facts of recognition;
A. On November 5, 2010 with B, the Defendant concluded a lease agreement with respect to subparagraph 101, Dong 803, Sacheon-si C Apartment 101 (hereinafter “instant lease agreement”) with each of the terms and conditions that the deposit amount is KRW 100 million and the lease period is from October 20, 2010 to October 19, 2012 (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 shall pay to the lessor due to such reasons as lending and borrowing of money, compensation for damages, etc. as of the date of preparation of this certification;