beta
(영문) 서울중앙지방법원 2018.12.19 2017가단62120

양수금 등 청구의 소

Text

1. Defendant B is written in the attached list from Defendant B (Counterclaim Plaintiff) to the Plaintiff (Counterclaim Defendant) within the limit of KRW 84,000,000.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On May 26, 2011, Defendant C leased the real estate listed in the separate sheet (hereinafter “instant real estate”) with Defendant B by setting the lease deposit amount of KRW 120 million and the lease term as of June 3, 2013.

B. On May 26, 2011, the Plaintiff entered into a personal financial and credit insurance contract with Defendant C, setting the insured non-party bank, insurance risk loans, debt repayment, insurance amount of KRW 72,60,000, insurance amount of KRW 72,600, and insurance period from June 3, 2011 to June 3, 2013, and issued an insurance policy.

C. Defendant C was granted a loan of KRW 66 million from the bank as security to June 3, 201 of the loan period from June 3, 2011 to the end of June 3, 2013 (the above loan repayment period and the above insurance period extended two times on June 3, 2017). Defendant C provided the Defendant’s claim for the refund of the lease deposit with the Defendant as the object of pledge to the non-party bank with the maximum amount of KRW 84 million, and the above contract for the pledge was notified to the Defendant B around May 27, 2011.

However, as Defendant C was unable to repay the loan to Nonparty C within the lending period, on December 18, 2014, the Plaintiff paid the loan amount of KRW 67,97,404 to Nonparty C bank, and on December 21, 2015, transferred the pledge from Nonparty C bank, and thereafter, the notification of transfer was reached to Defendant B.

E. Meanwhile, the status concluded between the Plaintiff and the Defendant C

According to the insurance contract mentioned in paragraph (1), the interest rate on delay for the insurance money to be paid by Defendant C is 6% per annum from the day following the payment of insurance money to 30% per annum, 9% per annum from the following day to the 90% per annum, 11.37% per annum from the next day to June 30, 2018, and 9% per annum from the next day to that.

F. Defendant C is the Seoul Rehabilitation Court No. 2016 installments100169.