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(영문) 서울중앙지방법원 2017.05.11 2016가단134202

구상금

Text

1. The Plaintiff:

A. Defendant A’s KRW 96,223,82 and its related amount are 6% per annum from June 18, 2016 to July 17, 2016.

Reasons

1. Basic facts

A. On March 6, 2014, Defendant A (Lessee) and Defendant A (Lessee) are the Dongjak-gu Seoul Metropolitan Government Real Estate C202 (hereinafter “instant Real Estate”).

(2) On March 7, 2014, Defendant A entered into a lease agreement with respect to the lease deposit amounting to KRW 190 million and the term of lease from April 15, 2014 to April 14, 2016. The Defendant A borrowed the instant loan amounting to KRW 94.5 million on April 14, 2016 (hereinafter “instant loan”).

3) Samsung Bio-resources, on March 12, 2014, is a pledge to the extent of KRW 113,400,000 as to the claim to return the lease deposit under the instant lease agreement from Defendant A (hereinafter “instant pledge”) up to the limit of KRW 113,40,00.

On the same day, Defendant B signed and sealed the instant pledge agreement and consented to the creation of the instant pledge right. 4) Samsung Bio-resources transferred the instant pledge to the Plaintiff on March 12, 2014, and notified Defendant B of the transfer of the said pledge right.

B. Personal financial insurance contract, insurance accident occurrence, and Plaintiff’s payment of insurance proceeds. On the other hand, with Defendant A on April 15, 2014, with respect to the obligation to repay the instant loan, the Plaintiff is an individual financial insurance contract (hereinafter “instant insurance contract”) stipulated from the insured Samsung Bio-resources, the insurance coverage amount of KRW 103,950,000, and the insurance period from April 15, 2014 to April 14, 2016.

(2) According to the insurance contract of this case, in the event that the plaintiff pays the insurance money to the insured as a result of the occurrence of an insured incident, the defendant A pays the insurance money to the insured, 6% per annum from the day following the date on which the plaintiff paid the insurance money to the insured, 9% per annum from the next day to the 90th day, and 12% per annum from the next day to the day of full payment.