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(영문) 서울중앙지방법원 2019.11.06 2018가단5248087

보험금

Text

1. The Defendant’s KRW 88,276,980 within the limit of KRW 103,30,000 to the Plaintiff and KRW 81,738,393 among them shall be limited to the Plaintiff. < Amended by Presidential Decree No. 2890, Nov. 1, 2018>

Reasons

1. Determination on the cause of the claim

A. On March 22, 2017, the Plaintiff entered into an operation lease agreement with the Plaintiff, setting the amount of financial application 94,378,630 won, residual value 41,405,00 won per month, 1,800,353 won per month, contract term of 48 months, delay damages rate of 24% per annum, 26. 2. 7. 8. 22. 1. 3. from March 22, 2018 to March 22, 2017; 3. 1. 3. 8. 1. 8. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 3 of the insurance period of the instant automobile with the Defendant; 4. . . 1. 7. 1. 1. 3 of the insurance period of the Plaintiff’s insurance contract, including the Plaintiff’s interest rate of 20. . 18 . . 18 . . . . 1. . . . . . . . . . . . . . . . 1. . . . . . . . . . . . . . .

According to the above facts, the pledgee may directly claim the claim that became the object of the pledge by the method of the execution of the pledge. Thus, the Plaintiff, the pledgee, may exercise the pledge on the insurance money for his own vehicle loss within the limit of KRW 103,30,000, which is the limit of the above pledge.

Therefore, the defendant, who is the debtor of the claim for insurance money which is the object of the pledge, is obligated to pay to the plaintiff 8,276,980 won with 24% interest per annum from November 20, 2018 to the day of full payment.

B. The defendant's assertion