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(영문) 수원지방법원 2021.01.12 2020가단15405

구상금

Text

1. The defendant shall pay to the plaintiff KRW 250,410,950 as well as KRW 250,000 among them, from June 18, 2020 to July 14, 2020.

Reasons

1. Basic facts

A. On March 9, 2018, the Defendant purchased the purchase price of 550,000,000 won for 7rd E units of Yeongdeungpo-gu Seoul Metropolitan Government D Apartment-gu (hereinafter “instant apartment”) from C on March 9, 2018, and completed the registration of the transfer of ownership on March 22, 2018.

B. On March 22, 2018, F leased the instant apartment from the Defendant with a deposit of KRW 250 million (a down payment of KRW 80 million in KRW 170,000,000,000 in KRW 50,000,000,000 in each payment on April 5, 2018) and from April 5, 2018 to April 4, 2020 (hereinafter “instant lease”).

The main contents of the instant lease agreement are as follows.

2. The lessor is a condition that he/she purchases A security and credit insurance for lease on a deposit basis (the guarantee insurance fee shall be borne by the lessor) in order to guarantee the lessee's lease on a deposit basis with KRW 250 million.

3. The remainder date shall be the date on which A is issued a certificate of security for lease on a deposit basis and shall be the date of the issuance of the certificate of security for lease on a deposit basis (proviso omitted).

F paid to the Defendant the deposit amount of KRW 250,000,000,000 on March 9, 2018, and the remainder KRW 170,000,000 on April 5, 2018, respectively.

(d)

F has received a fixed date on March 23, 2018 in the instant lease agreement, and made a move-in report to the instant apartment on March 27, 2018, and received the instant apartment from the Defendant on April 5, 2018.

E. On April 11, 2018, the Plaintiff and F entered into a credit insurance contract for lease on a deposit basis (hereinafter “instant insurance contract”) with a lessor (Defendant)’s obligation to return the lease deposit from April 5, 2018 to May 4, 2020, and the terms and conditions of the instant lease contract, with a lessor’s obligation to guarantee the lease deposit from April 5, 2018 to May 4, 2020.

The main contents of the insurance terms of the instant insurance contract are as follows.

Article 2 (Damage to Compensation) Insurance companies have the following insurance accidents because the lessor has not performed the obligation stipulated in the lease agreement: