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(영문) 서울중앙지방법원 2017.09.22 2017가합18564

양수금 등

Text

1. Defendant A’s delivery of real estate stated in the separate sheet from Defendant B, simultaneously with the Plaintiff’s delivery of real estate indicated in the separate sheet, KRW 203,80,073.

Reasons

1. Facts of recognition;

A. On March 21, 2012, Defendant A leased real estate listed in the separate sheet (hereinafter “instant real estate”) to Defendant B during the period from March 21, 2012 to March 20, 2014 (which thereafter extends from March 20, 2016 to March 20, 2014).

(hereinafter “instant lease agreement”). B.

On December 6, 2012, the Plaintiff entered into a personal financial credit insurance contract (hereinafter referred to as “instant insurance contract”) with Defendant B during the period from March 21, 2012 to March 20, 2014 (which extended from March 20, 2016 to March 20, 2014) under which the insured Nong Bank Co., Ltd. (hereinafter referred to as “Seoul Bank”), the insurance amount of KRW 220 million, and the insurance period was extended from March 21, 2012 to March 20, 2014.

According to the above insurance contract and the plaintiff's internal business guidelines, where the plaintiff pays insurance proceeds to the Nonghyup Bank and exercises the right of indemnity, the rate of delay compensation applicable to the claim for indemnity shall be 6% per annum from the day following the payment date of insurance proceeds to the 30th day from the day following the payment date of insurance proceeds, 9% per annum from the day following the 90th day and the

C. The NongHyup Bank shall on December 6, 2012

The insurance policy of the subsection (200 million won was extended to March 20, 2016) was determined and lent to Defendant B on March 20, 2014.

Defendant B is above C around December 6, 2012.

the security of the monetary loan contract under subsection (1).

In this subsection, the limit was set at KRW 240,000,000 for the claim for the refund of the lease deposit, and the notice on the establishment of the lease deposit was delivered to Defendant A on December 12, 2012.

E. On January 29, 2016, when Defendant B did not pay interest on the above loan, the Plaintiff subrogated to KRW 203,80,073 of the loan obligations owed by the said Defendant upon the request of the Nonghyup Bank.

F. The NongHyup Bank shall pay the above subrogation.

The pledge right of this subsection is transferred to the Plaintiff.