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Reasons
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(영문) 인천지방법원부천지원 2017.11.17 2017가단100897
추심금
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1. Defendant A:

(a) deliver to Defendant B the real estate listed in the separate sheet;

B. The Plaintiff KRW 37,926,779 and the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 15, 2012, Defendant A leased (hereinafter “instant lease”) the real estate listed in the separate sheet (hereinafter “instant real estate”) from Defendant B from April 15, 2012 to April 15, 2014, with the lease term of KRW 80,000,000.

B. On December 17, 2012, Defendant A borrowed KRW 56,000,000 from the Plaintiff (hereinafter “the instant loan”) at the rate of 18% per annum, and on the same day, Defendant A created a collateral pledge (hereinafter “instant collateral pledge”) with respect to the claim to refund the lease deposit against Defendant B at the rate of 72,80,000,000. Defendant B accepted the establishment of the said collateral pledge on December 20, 2012.

C. Defendant A delays the repayment of the borrowed amount of this case. The borrowed amount of this case is KRW 33,00,000 as of January 18, 2017, and interest and delay damages are KRW 4,926,779 in total.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. Determination:

A. According to the above facts, since the lease contract of this case was terminated on April 15, 2014, Defendant A, the lessee, is obligated to deliver the real estate of this case to the Defendant B, the lessor, and as seen thereafter, the Plaintiff, the obligee of Defendant B, on behalf of the Plaintiff, can seek the delivery of the real estate on behalf of the Defendant B by subrogation of the Plaintiff. Furthermore, Defendant A, as to the principal amount of KRW 37,926,79 (=33,00,000,000 KRW 4,926,779), and damages for delay calculated at the rate of 18% per annum, which is the agreed delay damages rate from January 19, 2017 to the date of full payment.

B. The Plaintiff indicated the claim No. 1 as to the claim against Defendant B, along with the delivery of the instant real estate from Defendant A according to the instant pledge right, within the scope of the secured limit of the instant pledge right to the Plaintiff.

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