구상금 등 청구의 소
1. The Defendants jointly share KRW 234,376,300 with respect to the Plaintiff and the period from May 3, 2019 to June 1, 2019.
1. Basic facts
A. From January 20, 2017, Defendant B leased F Building G (hereinafter “instant real estate”) located in Gangnam-gu Seoul and one parcel, Gangnam-gu, Seoul, and the term of lease from February 17, 2017 to February 16, 2019, by setting the lease deposit amount of KRW 400,000,000, and the term of lease.
(hereinafter referred to as “instant lease agreement”). B. the terms and conditions of the lease agreement are as follows.
On February 8, 2017, the Plaintiff concluded a personal financial and credit insurance agreement (hereinafter “instant insurance agreement”) with Defendant B during the period of insurance coverage of KRW 253,00,000, and from February 17, 2017 to February 16, 2019.
In the instant insurance agreement, when the Plaintiff pays insurance money, Defendant B determined that the corresponding amount of the insurance money to be paid to the Plaintiff and damages for delay as determined by the Plaintiff from the day following the payment date.
The rate of delay damages determined by the Plaintiff is 6% per annum from the day following the payment date of insurance money to the 30th day, and 9% per annum from the following day.
C. Defendant B borrowed KRW 230,00,000 from H Co., Ltd. (hereinafter “H”) as collateral for the personal financial and credit insurance policy issued by the Plaintiff as of February 16, 2019.
(hereinafter “instant loan agreement”). D.
On February 8, 2017, in order to secure the return of the principal and interest of a loan under the instant loan agreement, Defendant B created a pledge (hereinafter “instant pledge”) with respect to the secured amount of KRW 276,00,000 with respect to the secured amount of the lease deposit claims under the instant lease agreement, and notified D of the establishment of the pledge on February 13, 2017.
E. D sold the instant real estate to Defendant C, and completed the registration of ownership transfer on February 21, 2017.
F. On March 27, 2017, Defendant B notified Defendant C of the establishment of the instant pledge right and sent such notification on March 31, 2017.
G. Around January 23, 2019, Defendant B paid the principal and interest of loans under the instant loan agreement.