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(영문) 대전지방법원 2019.09.26 2019가단6239

구상금

Text

1. The Defendant’s KRW 65,00,000 as well as the Plaintiff’s annual rate of KRW 5% from January 31, 2019 to March 14, 2019.

Reasons

1. Basic facts

A. On July 12, 2016, Nonparty E Co., Ltd (hereinafter “Nonindicted Company”) leased the F Building G from the Defendant during the contract period from July 12, 2016 to July 11, 2018, with the amount of KRW 65 million, and the contract period from July 12, 2016 to July 11, 2018.

(hereinafter “instant lease agreement”). B.

Around July 2016, Nonparty Company entered into an insurance policy with the Plaintiff as the purchase amount of KRW 65 million, the insurance period from July 12, 2016 to August 10, 2018, setting the details of the guarantee as the repayment obligation of the lessor’s lease deposit, and entered into a security credit insurance contract for lease on a deposit basis. On July 12, 2016, the Defendant was notified of the scheduled purchase of the security credit insurance contract for lease on a deposit basis.

C. Although the contract term of the instant lease agreement expired, the Defendant did not refund the lease deposit to the Nonparty Company, the Nonparty Company claimed the Plaintiff to pay the insurance money and received KRW 65 million from the Plaintiff on December 31, 2018.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 6 (including each number in the case of additional number), the purport of the whole pleadings

2. According to the above facts of determination, the Plaintiff is obligated to pay the non-party company the insurance money of KRW 65 million to the non-party company, thereby acquiring the right to the Defendant who is a lessee pursuant to Article 682 of the Commercial Act. As such, the Defendant is obligated to pay to the Plaintiff the above KRW 65 million and the damages for delay calculated at each rate of 12% per annum under the Civil Act from January 31, 2019 to March 14, 2019, when the original copy of the instant payment order was served on the Defendant, as the Plaintiff seeks from January 31, 2019 to March 14, 2019, when the original copy of the instant payment order was served on the Defendant.

3. The plaintiff's claim for conclusion is reasonable, and it is so decided as per Disposition.