beta
(영문) 서울중앙지방법원 2017.02.16 2016가단5217324

구상금

Text

1. The Defendants jointly share KRW 81,516,663 and KRW 80,566,42 among them to the Plaintiff. From September 13, 2016 to October 2016.

Reasons

1. Basic facts

A. On June 23, 2014, Defendant A entered into a lease agreement between C and C with respect to the lease deposit amounting to KRW 150,000,000, and the lease period from July 31, 2014 to July 30, 2016, with respect to the first floor No. 103 of the building No. 514, Dong-gu, Seo-gu, Incheon Metropolitan Government (hereinafter “instant real property”). On the same day, Defendant A entered into a lease agreement with Defendant B with the same content as that of the instant real property purchased on June 21, 2014.

(2) On July 4, 2014, Defendant B obtained a loan of KRW 120,00,000 from Hansung Life Insurance Co., Ltd. on the instant real estate, Defendant B created a pledge right and notified C of the limit of the amount of the security for the claim for the refund of the lease deposit to Defendant C as security, with the maximum amount of KRW 144,00,000,000, and on August 12, 2014, Defendant B established a pledge right claim for the refund of the lease deposit and Defendant B succeeded to the obligation for the refund of the lease deposit established pursuant to Article 3 of the Housing Lease Protection Act, and Defendant B notified Defendant B of the amount of the security deposit within the scope of the remainder of the lease deposit, with preference to all other things.

(3) Defendant A entered into a personal financial credit insurance contract (hereinafter “instant insurance contract”) with the Plaintiff with respect to the obligation to repay loans arising from the foregoing loan loan, with the period of insurance coverage of the insured Hansung Life Insurance, the amount of insurance coverage of KRW 88,00,000, and the period of insurance from July 31, 2014 to July 30, 2016.

B. On June 7, 2016, the occurrence of an insurance accident and the payment of insurance proceeds were in arrears, and the occurrence of a guarantee accident occurred. On June 9, 2016, the Korea Life Insurance claimed insurance proceeds under the instant insurance contract against the Plaintiff.