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(영문) 서울중앙지방법원 2020.12.08 2020가단5101617

구상금 등 청구의 소

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1. Defendant B’s KRW 33,984,868 as well as 6% per annum from March 19, 2020 to April 17, 2020 as to the Plaintiff.

Reasons

1. Basic facts

A. On November 15, 2017, the Plaintiff paid the insurance proceeds to Defendant B, and Defendant B, Inc. (hereinafter “Nonindicted Company”).

(3) As to the obligation to be borne by a loan from Nonparty Company, the insured amount of insurance coverage amount of KRW 36,630,00, and the insurance period of the insurance amount of November 15, 2017 to November 30, 2019, the personal financial and credit insurance agreement (hereinafter “instant insurance agreement”) is deemed to be the instant insurance agreement.

A) Around November 15, 2017, the non-party company issued a personal financial credit insurance policy with Defendant B, the insured company, the insurance coverage amount of KRW 36,630,000, and the insurance coverage amount of November 15, 2017 to November 30, 2019. When the Plaintiff paid insurance money to the insured, the Plaintiff agreed to pay damages for delay in accordance with the interest rate determined by the Plaintiff from the day following the payment date. The interest rate determined by the Plaintiff is 6% per annum from the day following the payment date of the insurance money until the 30th day after the payment date of the insurance money, and 9% per annum from the following day. 2) The non-party company loaned the above insurance policy as collateral to the Defendant B (hereinafter “instant loan”) on November 30, 2019 in accordance with the household loan agreement under the insurance company’s basic credit transaction terms concluded with the Defendant B as collateral.

3) Around November 30, 2019, Defendant B began to delay the payment of the instant loan obligation and caused an insurance accident as stipulated in the instant insurance agreement. On March 18, 2020, the Plaintiff paid KRW 33,984,868, which incurred up to the date to Nonparty Company as insurance proceeds. (b) On September 26, 2017, Defendant B entered into a lease agreement with the Nonparty Company for the lease deposit amounting to KRW 35,100,000 for the real estate indicated in the real estate list owned by Defendant C around September 26, 2017 (hereinafter “lease”).