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(영문) 서울중앙지방법원 2015.05.15 2014가단217660

구상금

Text

1. The Defendant: (a) KRW 80,000,000 for the Plaintiff and KRW 5% per annum from January 10, 2014 to October 31, 2014; and (b) the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. 1) The Korea Exchange Co., Ltd. (hereinafter “Korea Exchange”);

(2) On March 18, 2013, the term of a lease agreement between the Defendant and the Defendant, setting the lease deposit amount of KRW 80,000,000 and the term of lease from March 19, 2013 to March 18, 2015 (hereinafter “instant lease agreement”).

(2) On March 19, 2013, the Korea Exchange concluded a lease deposit guarantee insurance contract (hereinafter “instant insurance contract”) between the Plaintiff and the Plaintiff with the amount of insurance coverage KRW 80,000,000, and the period from March 19, 2013 to April 17, 2015 with the Defendant’s obligation to return the lease deposit (hereinafter “instant insurance contract”).

3) The Korea Exchange failed to refund the lease deposit from the Defendant after the expiration of the instant lease contract, and the Plaintiff paid KRW 80,000,000 insurance money to the Korea Exchange on December 10, 2013 under the instant insurance contract. [The Plaintiff did not have any dispute over the grounds for recognition, and the purport of the entire pleadings and arguments, as a whole.

B. The Defendant’s obligation to pay indemnity amount is a party to the instant lease agreement, and is obligated to refund the lease deposit to the Korea Exchange upon the expiration of the lease agreement term, barring any special circumstance. Therefore, upon the Plaintiff’s subrogation of the insurer pursuant to Article 682 of the Plaintiff’s Commercial Act, the Plaintiff is obligated to pay the Plaintiff the indemnity amount of KRW 80,000,000, and the damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from January 10, 2014 to October 31, 2014, the delivery date of the copy of the complaint of this case, and 20% per annum from the next day to the day of full payment.

2. The Defendant’s judgment on the Defendant’s assertion of assumption of obligation with immunity is the Defendant’s ownership on March 18, 2013.