beta
(영문) 서울중앙지방법원 2019.01.14 2017가단5147545

구상금

Text

1. The Defendant’s KRW 5,00,000 as well as the Plaintiff’s annual rate of KRW 5% from March 9, 2017 to July 14, 2017.

Reasons

1. Facts of recognition;

A. On December 3, 2013, the Defendant entered into a lease agreement with C Co., Ltd. (hereinafter “C”) to lease the Seo-gu Daejeon Dtel E (hereinafter “instant building”) with the lease deposit of KRW 55 million, the lease deposit of KRW 15 million from December 11, 2013 to December 11, 2015 (hereinafter “instant lease agreement”) and received KRW 55 million from C.

B. On December 11, 2013, C concluded a security insurance contract for lease deposit (hereinafter “instant insurance contract”) between the Plaintiff and the Plaintiff, setting the insurance period as KRW 55 million, which is the amount equivalent to the said lease deposit, from December 11, 2013 to January 9, 2016, with the content of the guarantee from December 11, 2013 to January 9, 2016. The Defendant consented to C’s purchase of the instant insurance contract.

C. On December 11, 2015, C notified the Defendant of the termination of the instant lease agreement on December 15, 2015, and completed the transfer of the instant building, and thereafter requested the Defendant to return the lease deposit to the Defendant on several occasions.

Nevertheless, on February 17, 2017, the Defendant did not refund the lease deposit amount of KRW 55 million, and C claimed the Plaintiff to pay the insurance money under the insurance contract of this case. On March 8, 2017, the Plaintiff paid KRW 55 million insurance money to C on March 8, 2017.

[Based on the recognition, Gap evidence Nos. 1 through 9 and 11 [including the number number, the defendant asserts to the effect that the establishment of Gap evidence No. 7 is denied, but the authenticity of the document can be proved by the comparison of the writing or the seal impression, and the comparison of the writing or seal impression belongs to the free evaluation of the fact-finding court.