A. On November 12, 2013, the Plaintiff’s Intervenor (hereinafter “ Intervenor”) entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 75,00,00, and the lease term from December 3, 2013 to December 2, 2015 (hereinafter “the lease of this case”).

B. On November 2014, the Plaintiff entered into a credit insurance contract for lease-lease housing (hereinafter “instant insurance contract”) with the Intervenor, with the following content in order to guarantee the Intervenor’s loss incurred due to the Defendant’s failure to refund the instant lease deposit:

E B CD

C. When the Intervenor was unable to refund the instant lease deposit from the Defendant, on April 1, 2019, the Intervenor filed a claim against the Plaintiff for the payment of the insurance proceeds under the instant insurance contract, and on June 25, 2019, the Plaintiff paid KRW 75,000,000 to the Intervenor.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 8, purport of whole pleadings.

2. Determination

A. According to the above facts, as the Defendant terminated the instant lease contract, the Intervenor was liable to refund the instant lease deposit to the Intervenor, and the Plaintiff failed to pay the insurance money to the Intervenor pursuant to the insurance contract of this case, and acquired the claim for the refund of the said lease deposit against the Defendant of the Intervenor who is the insured pursuant to Article 682 of the Commercial Act. As such, the Defendant is obligated to pay to the Plaintiff the amount of KRW 75,00,000 for indemnity and the damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act from June 26, 2019 to September 19, 2019, which is the date of delivery of the original copy of the instant payment order, from the next day to the date of full payment.

B. As to the judgment on the Defendant’s assertion, the Defendant is the building of this case.