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(영문) 서울중앙지방법원 2019.02.15 2017가합546168

차임 등 청구의 소

Text

1. The Defendant shall have a pledge on the deposit claims listed in the separate sheet to C Co., Ltd. on August 5, 2016.

Reasons

1. Basic facts

A. On June 8, 2016, the Defendant, who runs an insurance agency business, etc., entered into a contract for commission with an insurance solicitor E, a member of the headquarters of the Defendant’s direct business department D (hereinafter “D”) with the content that the Defendant entrusts E with the business of mediating, maintaining, and managing the conclusion of the insurance contract (hereinafter “instant commission contract”), and the details related to the instant case are as follows:

Article 15 (Duty to Submit Performance Guarantee Insurance Policy, etc.) (1) Upon entering into a commissioning contract, E shall submit to the defendant a performance Guarantee Insurance Policy more than a certain amount of amount for advance payment obligations, etc. which are anticipated to occur in the future, and shall renew the performance Guarantee Insurance Policy, more than the amount of performance Guarantee Insurance Policy submitted one month prior to the expiration of the insurance period of the performance

(3) A defendant may request the submission of an identity guarantee insurance policy to guarantee the damage caused by a tort of E (Embezzlement, breach of trust, etc.).

§ 16. [Credit Reinforcement] ① If it is impossible to submit a performance guarantee insurance policy under Section 15.1 of this Agreement, or the amount of performance guarantee insurance policy does not meet a certain amount required by the defendant, additional guarantee insurance shall be provided to the defendant in order to secure the repayment obligation, such as advance payment fees and subsidies.

(2) Where it is deemed necessary to preserve claims due to excessive fees, loans, subsidies, etc., they may request additional credit reinforcement.

B. On July 28, 2016, the date on which the Plaintiff entered into a lease agreement is July 29, 2016.

Between E and E, with respect to the lease term of the 2 to 11th floor above the Seoul F building ground (hereinafter “instant real estate”), the lease deposit amount of 60 million won from August 1, 2016 to July 31, 2019, the lease deposit of 60 million won, the rent of 38 million won per month (excluding value-added tax), and the management fee of 10 million won per month.