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(영문) 창원지방법원 2020.08.18 2019가단118442

양수금 등 청구의 소

Text

1. Defendant B shall deliver to Defendant C the real estate listed in the separate sheet.

2. Defendant C shall be attached from Defendant B.

Reasons

Facts of recognition

On March 1, 2014, Defendant B leased the real estate listed in the separate sheet (hereinafter “instant real estate”) from Defendant C as of April 7, 2016 by setting the lease deposit amount of KRW 90 million, the lease period of KRW 70 million, and the lease period of KRW 70 million on April 20, 2018, while the said lease was renewed, Defendant B newly leased the real estate as of April 19, 2020.

On April 8, 2014, the Plaintiff concluded a personal financial and credit insurance contract with Defendant B and Defendant B’s D Co., Ltd. (hereinafter “D Bank”), setting the insured amount as KRW 61.6 million, and the insurance period from April 8, 2014 to April 7, 2016 (finally extended from March 22, 2019), and issued an insurance policy.

On April 8, 2014, Defendant B obtained a loan from D Bank with the loan amounting to KRW 56 million as security, and the due date for repayment on April 8, 2016 (finally extended to March 22, 2019), and created a pledge to D Bank with the maximum amount of collateral for the claim for the refund of the lease deposit against Defendant C in order to secure the principal and interest of the loan. At that time, Defendant B notified Defendant C of the establishment of the said pledge.

Meanwhile, according to the above personal financial credit insurance contract concluded between the Plaintiff and Defendant B, when the Plaintiff pays insurance proceeds to D Bank, Defendant B agreed to pay damages for delay at the interest rate set by the Plaintiff from the day following the payment of insurance proceeds to the Plaintiff. Accordingly, the interest rate for delay determined by the Plaintiff is 6% per annum from the day following the payment of insurance proceeds to the 30th day from the day following the payment of insurance proceeds and 6.

Upon the occurrence of an insurance accident where Defendant B did not pay the above principal and interest of loan to D Bank, the Plaintiff paid insurance proceeds of KRW 58,225,137 to D Bank on June 5, 2019, and D Bank transferred the above pledge to the Plaintiff on June 5, 2019, and around that time, Defendant C was notified of the transfer.

Defendant B, on 2018.