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(영문) 부산지방법원동부지원 2015.11.27 2015가단208568
추심금
Text

1. The Defendant shall pay to the Plaintiff KRW 87,674,362 as well as KRW 86,00,000 among them, 18% per annum from May 2, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. On February 8, 2013, Non-Party B entered into a lease agreement with the Defendant and Busan Metropolitan City Shipping Daegu Apartment 116 Dong 704, with a deposit of KRW 140,000,000 and the lease period from February 14, 2013 to February 13, 2015.

B. On February 15, 2013, Nonparty B obtained a loan of KRW 86,00,000 from the Plaintiff at the agreed interest rate of KRW 7.15% (damage rate), delayed interest rate of KRW 18%, and the period of loan period of two years. In the process, Nonparty B made a pledge on the claim to refund the lease deposit against the Defendant of Nonparty B in order to secure the above loan (including the obligation, such as interest and late payment penalty) in the process, and the Defendant accepted the establishment of the said bond pledge.

(hereinafter referred to as "the pledge of this case". (c)

At the time of the consent of the pledge of this case, the Defendant agreed to the effect that “I, at the time of the repayment of the lease deposit due to the termination of the lease contract or termination of the contract with the lessee, I would directly return the amount of the pledge established to you to you for the collection of the loan concerned within the extent of the balance, excluding the amount of the lease deposit due to the lease contract (public charges, monthly overdue portion, damages due to the damage of the leased house, etc.) from the lease deposit of the lessee (However, if you request, I would be able to return it directly to the lessee).” (hereinafter “instant agreement”).

(D) Nonparty B did not pay the principal and interest of loan to the Plaintiff and lost the benefit of May 1, 2014. E. Nonparty B’s unpaid interest as of May 1, 2014 is KRW 1,66,089, and damages for delay are KRW 8,273. [In the absence of any grounds for dispute over recognition, each entry in the evidence of subparagraphs A1 through 7, and the purport of the whole pleadings.

2. According to each of the above facts finding that the lease contract of this case was terminated at the expiration of the term, and the defendant is obligated to return the amount equivalent to the amount of the pledge to the plaintiff pursuant to the agreement of this case. Thus, the defendant is obligated to return the amount equivalent to the amount of the pledge to the plaintiff pursuant to the agreement of this case and 87,674,362 won (1,66,000 won) and 86.

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