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(영문) 서울남부지방법원 2017.12.07 2017나55259
추심금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The court's explanation of this case is the same as the part of the reasoning of the judgment of the first instance except for the addition of the following additional determinations, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The plaintiff asserts that, while selling the leased object, the plaintiff is liable to compensate the plaintiff for damages equivalent to the amount of the pledge arising from the failure to perform the contractual obligation to notify the plaintiff as the pledgee of the purchase and sale of the leased object.

According to the evidence evidence No. 4, it is recognized that the defendant signed on May 14, 2013 at the bottom of the document stating that "I will accept the establishment of a pledge right with respect to the claim for lease deposit received (or to receive) by the principal under the said contract as "I will accept the establishment of a pledge right," and that "I will inform you will inform you of the contents of the pledge right establishment and the new owner". The above document stating that "I will inform you will inform you of the contents of the pledge right establishment and the new owner" in the sales contract where the owner of the house is changed due to the sale and purchase of the leased object.

However, unlike the third party debtor's act that indicates that the plaintiff was aware of the establishment of the pledge at the time of the lease loan and the contract of the pledge, the letter of consent to the above pledge and the letter of commitment to the repayment of the lease deposit fall under the terms and conditions of the contract established in a certain form to obtain consent to the pledge from a large number of lessors who are the third party debtor at the time of the lease loan and the contract of the pledge, the obligation to specify the contract and the obligation

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