beta
Text
1. The defendant shall pay 194,610,000 won to the plaintiff and 5% per annum from September 29, 2017 to the day of full payment.
Reasons
1. Facts of recognition;
A. The part on which the policyholder and the insured were named as the defendant is named as the non-party Company A’s insurance policyholder and the insured as the non-party Company A’s insurance premium claim (the insurance premium claim) is named as the error.
From May 1, 2015 to May 30, 2017, the insurance period is 200 million won. The Defendant concluded a lease insurance contract for security of lease on a deposit basis (hereinafter “instant insurance contract”) with the non-party company, setting the lease deposit of KRW 200 million from May 1, 2015 to April 30, 2017 (hereinafter “instant lease contract”) with the lease deposit of KRW 103 304 and the lease period from May 1, 2015 to the non-party company.
B. On April 14, 2017, Nonparty Company sent to the Defendant a written document demanding the return of the lease deposit upon the expiration of the contract (on April 30, 2017), but the Defendant did not pay the lease deposit even after the expiration of the contract, and then delivered the leased real estate to the Defendant on July 25, 2017, and filed a claim for the insurance amount of KRW 200 million with the Plaintiff according to the instant insurance contract.
C. On August 2, 2017, the Defendant informed the Defendant of the claim for insurance proceeds of the non-party company, along with a written estimate, sent a written objection to the Plaintiff on the ground that “the non-party company incurred any property damage by installing illegal facilities in the ward without the Defendant’s permission.” On September 1, 2017, the Plaintiff notified the non-party company of the foregoing fact on September 1, 2017 that the Defendant would pay only KRW 194,610,000 offseted the amount of damage claimed by the Defendant as insurance proceeds, and paid the above amount as insurance proceeds to the non-party company on September 8, 2017.
[Reasons for Recognition] Facts without dispute, entry of Gap 1 through 7 evidence (including branch numbers if there are serial numbers) and the purport of the whole pleadings.