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(영문) 서울중앙지방법원 2019.06.28 2018가합569038
보증금반환
Text

1. The Defendant’s KRW 402,525,640, among the Plaintiff’s KRW 400,000,000, and KRW 400,000 among the Plaintiff’s KRW 400,000.

Reasons

C) On December 1, 2015, the Defendant of Gangnam-gu Seoul Metropolitan Government D Apartment E (hereinafter referred to as the “instant real estate”)

(2) The term “lease” refers to the lease of this case (hereinafter referred to as “the lease of this case”) set from December 21, 2015 to December 20, 2017, with the term of KRW 500,000,000 or the term of lease.

(2) On January 5, 2016, the Plaintiff entered into a loan agreement with C for a loan period of KRW 400 million from January 5, 2016 to December 20, 2017 with the standard rate of interest rate of KRW 2.0% (hereinafter “instant loan agreement”), and provided C with a loan of KRW 400 million.

3) On January 5, 2016, in order to secure the claim for the principal and interest of loan against C, the Plaintiff created a pledge right with respect to the claim for the refund of the lease deposit against C with the Defendant at a maximum amount of KRW 480 million. 4) On December 15, 2015, the Defendant drafted a written consent of the pledge right and a written promise to refund the lease deposit (hereinafter referred to as the “written consent of this case”) with respect to the consent to the establishment of the said pledge right, prior to which the Defendant agreed on December 15, 2015.

On December 15, 2015, the Plaintiff obtained a fixed date in the written consent of this case.

5) The instant consent includes the details of the instant lease agreement, and in the same attached text, the phrase “the lessor himself/herself accepts without any objection to the right to pledge on the claim to return the lease deposit,” and “the lessee himself/herself, upon the repayment of the lease deposit due to the termination, termination, termination, etc. of the lease agreement with the lessee, shall directly return the lease deposit within the remainder other than the amount of deferred deduction (public charges, monthly overdue portion, etc.) pursuant to the lease agreement from the lessee’s deposit (if you request, he/she may directly return the lease deposit to the lessee) for the recovery of the loan, and the Defendant’s signature and seal are written on June 14, 2017.”

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