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(영문) 서울고등법원 2015.10.08 2015나2023534
추심금
Text

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

Facts of recognition

On November 15, 2012, A entered into a lease agreement between A and C with respect to the Dongjak-gu Seoul Metropolitan Government D 303 (hereinafter “instant real estate”) owned by C (hereinafter “instant lease agreement”) with C, the lease deposit amount of KRW 220,00,000, and the term of lease from November 22, 2012 to November 21, 2014 (hereinafter “instant lease agreement”).

On November 20, 2012, the Plaintiff entered into a loan agreement and a pledge agreement between the Plaintiff and A, setting KRW 143,00,000,00 for a loan period of 24 months, interest base rate of 8% (3 months change rate), and interest rate of 18% per annum (hereinafter “instant loan”). In order to secure the above loan claims, the Plaintiff entered into a pledge agreement with A on a deposit basis under the instant lease agreement (hereinafter “instant pledge agreement”) with a maximum amount of KRW 185,90,00 for the claim for refund of the lease deposit under the instant lease agreement (hereinafter “instant claim”).

C on November 21, 2012, such as C’s consent of the pledge and the Defendant’s assumption of a lessor’s status, accepted the pledge agreement of this case.

On October 26, 2012, the Defendant purchased the instant real estate from C, and acquired the lessor’s status of the instant lease agreement.

On the other hand, around February 21, 2013, the defendant was served with the following information from the plaintiff.

2. The lessee A is in the state of receiving a loan as a security from the Hyundai Capital, and the lessee has the status of establishing a pledge on the deposit which is refunded from the lessor at the time of termination of the lease as a security related thereto.

(Pledge Amount: 185,900,000 won) The Minister of Finance and Economy must find out the thickness of the lease.

① At the time of termination or early termination of the lease, the pledgee is not the pledgee, but the amount of public charges and the amount of monthly deduction under the lease contract from the lease deposit, the overdue portion outside the rent, and the leased house is damaged.

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