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(영문) 서울중앙지방법원 2021.03.23 2020가단5226394

구상금

Text

The Plaintiff

A. As to the KRW 190,773,216 and KRW 184,00,000 among Defendant B, Defendant B shall be from June 9, 2020 to March 23, 2021.

Reasons

1. Basic facts

A. On March 30, 2017, the Defendants drafted a lease agreement with Defendant C, lessee B, and lease deposit amount of KRW 230 million and the term of lease from April 12, 2017 to April 11, 2019 with respect to the Seo-gu Incheon apartment E (hereinafter “instant apartment”).

B. As to the above lease, Defendant B applied for a loan of KRW 184,00,000 to Nonparty F Co., Ltd. (hereinafter “F Bank”), Defendant B received the loan (the expiry date: May 10, 2019; the indemnity rate for delay in arrears for more than three months: 8%) and Defendant C received the loan.

Defendant B transferred the right to return the lease deposit to F Bank, and passed it to Defendant C.

(c)

Defendant B completed the delivery and move-in report of the apartment of this case after receiving the fixed date in the above lease contract, and transferred it to an irregular day on May 29, 2018.

Between the above transfer and re-transfer, the registration of the establishment of the right to collateral security was completed in the name of the non-party company G et al.

(d)

After that, Defendant B returned to the apartment of this case.

E. Meanwhile, the Plaintiff concluded an insurance contract for the right to borrow a gold loan with the F Bank as “the insured F Bank and the insurance period from April 12, 2017 to April 11, 2019” and concluded the said insurance contract with the F Bank as to the said lease. Article 3(1)5 of the Insurance Terms and Conditions provides, among the damages covered by the Plaintiff, “the loss or damage incurred by the Plaintiff’s right which takes precedence over or bears charge of the right to lease the target real estate” as one of the damages covered by the Plaintiff.

F. On June 8, 2020, the Plaintiff was above C.

For the reason that Defendant B’s right to lease has lost its opposing power and preferential repayment right under the Housing Lease Protection Act, F Bank was paid insurance money of KRW 190,773,216 (the principal of the loan amount of KRW 184,00,000 and delayed damages until February 20, 2020) in accordance with the above insurance terms and conditions.

[Grounds for Recognition: Evidence Nos. 1 to 10 (including branch numbers).