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(영문) 서울중앙지방법원 2020.11.27 2020가단5129165

구상금

Text

The Defendants jointly share the Plaintiff KRW 167,866,70 and KRW 166,445,856 among them, respectively, shall be from April 22, 2020 to June 23, 2020.

Reasons

1. Basic facts

A. On August 18, 2017, Defendant B entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant C, setting the lease deposit amount of KRW 200,000,000 with respect to the building D and E (hereinafter “instant real estate”) in Gangseo-gu, Busan (hereinafter “instant real estate”) from August 31, 2017 to August 30, 2019.

B. On August 24, 2017, Defendant B took out a loan of KRW 160,00,000 from F Co., Ltd. (hereinafter “F”), and Defendant B entered into a pledge contract with Defendant C with the maximum amount of KRW 192,00,00 with respect to the claim for refund of the lease deposit (hereinafter “instant pledge contract”). Defendant C was notified of the establishment of the said pledge on August 28, 2017.

C. Around August 24, 2017, Defendant B entered into a guarantee insurance contract with the Plaintiff on the condition that the Plaintiff would pay the amount of damages to F in the event that Defendant B breached its obligation to repay loans (hereinafter “instant guarantee insurance contract”). D.

On August 30, 2019, Defendant B delayed the payment of principal and interest to F, and the occurrence of an insured incident occurred. Upon F’s request on March 4, 2020, the Plaintiff paid F insurance money of KRW 166,445,856.

E. On March 5, 2020, F transferred to the Plaintiff a pledge established in relation to the claim for the refund of the lease deposit against Defendant C, and on March 16, 2020, F notified Defendant C of the transfer of the pledge.

F. According to the instant guarantee insurance contract, where the Plaintiff pays the insurance money, Defendant B paid the insurance money, and the interest rate in arrears or the interest rate in arrears as determined by the Plaintiff from the following day after the date of the payment thereof. The interest rate in arrears determined by the Plaintiff is 6% per annum from the date of occurrence of the insurance accident to the 30th day after the occurrence of the insurance accident, 9% per annum from the following day to the date of full payment, and 12% per annum from the next day to the date of full payment