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(영문) 대구지방법원 2014.11.21 2013가단24761
임대차보증금반환
Text

1. The part of the plaintiff's succeeding intervenor's claim for damages caused by tort in the course of the plaintiff's succeeding participation.

Reasons

1. Basic facts

A. On October 19, 201, B entered into a lease agreement with the Defendant, Daegu Jung-gu C, and the Defendant-owned 3 Dong 205 (hereinafter “instant apartment”), setting the lease term from October 26, 201 to October 25, 2013, and the lease deposit amount of KRW 160 million.

B. On October 24, 2011, B created a pledge (hereinafter “instant pledge”) within the limit of KRW 130 million out of KRW 160,000,000,000, out of the above lease deposit claim 160,000, in order to obtain a loan from the Plaintiff (effective Capital).

On the same day, the defendant expressed his/her intention to consent to the plaintiff.

On October 31, 2011, the Plaintiff provided a loan (hereinafter “instant loan”) with KRW 100 million as the loan period, KRW 24 months, the agreed interest rate, 11.9% per annum, and KRW 25% per annum.

C. B transferred the instant apartment on October 31, 201, and on November 8, 2011, the domicile of the instant apartment was moved to F. The domicile of the instant apartment again on November 9, 2011.

B on November 24, 2011, the above FF’s address was moved, and on November 25, 2011, the apartment was re-transfered to the instant apartment.

B In May 7, 2012, the above FF’s domicile was transferred, and the resident registration was cancelled on May 10, 2013.

On the other hand, the Defendant cancelled the two collective security rights established on the apartment of the instant apartment on October 25, 201 and November 3, 2011.

On November 8, 2011, the Defendant created the right to collateral security of KRW 150,360,000 with respect to the instant apartment, respectively, to the Agricultural Cooperative on the monthly basis, and to G and H on December 1, 2011, respectively. On December 23, 2011, the Defendant revoked all of the aforementioned right to collateral security.

On December 30, 2011, the defendant set up a right to collateral security with I.D.

On November 1, 2013, the Plaintiff transferred the instant pledge to the Intervenor succeeding to the Plaintiff, and notified the Defendant of the transfer on November 15, 2013.

On November 20, 2013, the Plaintiff’s participation in the Plaintiff’s tort against the Defendant.

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