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(영문) 서울중앙지방법원 2017.07.06 2016가단5314171
구상금
Text

1. Defendant A’s KRW 50,798,042 as well as 6% per annum from September 22, 2016 to October 21, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s claim for reimbursement against Defendant A 1) The Plaintiff is between Defendant A and the National Defense Credit Union (hereinafter “National Defense Credit Union”).

In order to guarantee the repayment of loans to obtain a loan from the National Defense Livelihood Stabilization Fund, each insurance contract for the National Defense Credit Union of the insured on July 23, 2015, the insurance coverage amounting to KRW 3.333,00,000 from July 23, 2015, the insurance coverage period from July 23, 2015 to July 22, 2018, the National Defense Credit Union of the insured on September 21, 2015, the insurance coverage amounting to KRW 17.85,000,000,000, and the insurance period from September 21, 2015 to September 20, 2017 was concluded. Under each of the above insurance contracts, Defendant A agreed to compensate the Plaintiff for the insurance proceeds paid by the Plaintiff when the Plaintiff is paid insurance proceeds, and damages for delay at the rate prescribed by the Plaintiff’s rate.200,000,000 won, around July 31, 2015.

3) On August 18, 2016, the National Defense Credit Union: (a) filed a claim with the Plaintiff for insurance proceeds upon notifying the Plaintiff of the occurrence of an insured incident for which Defendant A delayed repayment of the interest accrued; and (b) on September 21, 2016, the Plaintiff paid KRW 50,798,042 in total with the insurance proceeds to the National Defense Credit Union; (c) on January 1, 2016, the rate of delay damages determined by the Plaintiff after January 1, 2016 is 6% per annum, 9% per annum from the following day to the 30th day of the payment of the insurance proceeds; and (d) 12% per annum from the following day to

B. The Defendants’ establishment of the right to collateral security 1) As a broker of D, which engages in credit business and loan brokerage business under the name of Defendant B’s external services and “C,” Defendant A, on June 30, 2016, is the real estate indicated in the separate sheet, which is the only property of Defendant A between Defendant B and Defendant B (hereinafter “instant real estate”).

As to the right to collateral security, the contract establishing a collateral security (hereinafter referred to as “mortgage”) shall be set at KRW 18 million with respect to Defendant B, Defendant A, and the maximum debt amount.

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