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(영문) 서울중앙지방법원 2019.05.22 2018가단5188147
구상금 등 청구의 소
Text

1. As to the Plaintiff, Defendant B’s KRW 88,00,000 and its amount per annum from July 15, 2017 to August 13, 2017, and the following:

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim for reimbursement against Defendant B (i) on June 15, 2015, and Defendant B E Co., Ltd. (hereinafter “Nonindicted Company”) (hereinafter “Nonindicted Company”).

As to the obligation to lend to the insured Non-Party Company, the purchase amount of insurance to KRW 88,00,000, and the insurance period from June 15, 2015 to June 15, 2017 (hereinafter “instant insurance agreement”).

(2) On June 15, 2015, Defendant B (hereinafter “instant loan”) loaned KRW 80,000,000 from Nonparty Company as collateral of the instant insurance agreement on June 15, 2015, on June 15, 2017, but there was an insurance accident that could not repay the instant loan (hereinafter “instant loan”) from August 26, 2015.

3) On July 14, 2017, the Plaintiff paid 88,000,000 won to the non-party company as insurance proceeds pursuant to the instant insurance agreement. 4) Under Article 4 of the Additional Agreement on the Purchase of Personal Financial Credit Insurance at the time of the instant insurance agreement, Defendant B agreed to compensate the Plaintiff for the amount of the insurance proceeds paid to the Plaintiff at the time of the payment of the insurance proceeds. The interest rate determined by the Plaintiff is 6% per annum from the day following the payment date to the 30th day from the day following the payment date of the insurance proceeds until the 30th day from the day following the 31st day after the payment date of the insurance proceeds, 9% per annum from the 91th day to June 30, 2018, and 9% per annum thereafter.

B. On May 20, 2015, Defendant B acquired the pledge right to part of the Plaintiff’s lease deposit claim (hereinafter “instant real estate”) between F and F on May 20, 2015.

1) A lease agreement that leases 100,000 won as security deposit (hereinafter “instant lease agreement”)

(2) Defendant B entered into the instant pledge (hereinafter “instant pledge”) with the collateral limit of KRW 96,00,000, out of the security deposit return claims under the instant lease agreement, as security for the instant loan obligations against the Nonparty Company.

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