구상금 등 청구의 소
1. As to KRW 36,141,058 and KRW 36,122,70 among the Plaintiff, Defendant B’s year from September 14, 2018 to October 13, 2018.
1. Facts of recognition;
A. On July 22, 2016, Defendant B obtained a loan of KRW 38.8 million from E (ju) on July 31, 2018, with the due date for repayment of KRW 38.8 million. On July 14, 2016, the Plaintiff entered into a personal financial and credit insurance agreement with Defendant B as between the insured E (ju), the insurance amount of KRW 42,680,000, and the insurance period from July 22, 2016 to July 31, 2018.
B. In entering into the above credit insurance agreement, Defendant B agreed to pay the Plaintiff’s delayed damages from the day following the payment date if the Plaintiff pays the insurance money. The rate of delayed damages determined by the Plaintiff is 6% per annum until 30 days from the day following the payment date of the insurance money, and 9% per annum from the following day until 90 days.
C. Defendant B leased Defendant Korea Land and Housing Corporation CD (hereinafter “instant real estate”) from Sungnam-si, Sungnam-si (hereinafter “instant real estate”) to KRW 39,00,00,000 as deposit on May 14, 2014, and the lease term on July 31, 2016. On July 22, 2016, Defendant B increased the deposit amount to KRW 40,911,000 and extended the lease term until July 31, 2018.
On July 14, 2016, Defendant B transferred the above lease deposit claim to E (State) in order to guarantee the performance of the above loan obligation to E (State), and notified Defendant Korea Land and Housing Corporation of the fact of transfer on the 18th of the same month.
E. Defendant B failed to pay the above loans to Defendant B (State), and the Plaintiff paid KRW 38,949,300 to E (State) on September 13, 2018.
F. On September 13, 2018, E (owner) received insurance money from the Plaintiff, transferred the above lease deposit claim to the Plaintiff, and notified the Defendant Korea Land and Housing Corporation of the transfer of the lease deposit claim.
G. The Plaintiff recovered KRW 3,411,00 from Defendant B and collected KRW 584,40,000, which should be appropriated to the cost of securing the claim, and the remaining KRW 2,826,60 was appropriated to the principal of the subrogation, and the amount of KRW 18,358 was incurred.
[Ground of recognition] Unsatisfy, Gap 1-8 evidence, and .