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1. The defendant A:
A. The Plaintiff KRW 178,631,89 as well as 6% per annum from April 15, 2017 to May 14, 2017.
Reasons
1. Facts of recognition;
A. On May 24, 2013, Defendant A entered into a lease agreement with Defendant Corporation for the lease deposit amounting to KRW 178,000,000 and the term of lease from July 13, 2015 to August 31, 2017 (hereinafter “instant lease agreement”).
B. On June 29, 2015, Defendant A took out a loan of KRW 169,00,000 from Korea Life Insurance Co., Ltd. (hereinafter “Korea Life Insurance”), and on the same day, Defendant A entered into a pledge agreement with Korea Life Insurance Co., Ltd. to set the maximum amount of collateral for the claim for the return of the deposit against Defendant A’s Defendant Corporation as KRW 178,00,000 with respect to the claim for the return of the deposit against Defendant A’s Defendant Corporation in order to secure the above loan obligation. On July 1, 2015, Defendant A notified Defendant Corporation of the establishment of the said pledge.
C. Around that time, Defendant A concluded a personal financial credit guarantee insurance contract with the Plaintiff between July 8, 2015 and August 31, 2017.
According to the above personal financial credit guarantee insurance contract, the agreed delay damage rate for the insurance money paid by the Plaintiff is 6% per annum from the day following the payment of insurance money until the 30th day from the day following the payment of insurance money, 9% per annum from the day following the 90th day from the following day, and 12% per annum thereafter.
After Defendant A’s delinquency in paying the principal and interest of loan, the life insurance claimed the Plaintiff to pay the insurance money, and on April 14, 2017, the Plaintiff paid KRW 178,631,89 of the insurance money to the life insurance.
E. On April 18, 2017, Kant Life Insurance transferred a pledge to the Plaintiff on the claim for the refund of lease deposit against Defendant Corporation, and notified the Defendant Corporation of the transfer on the following day.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings
2. According to the facts of the above recognition as to the claim against Defendant A, the Defendant A was entitled to the reimbursement of KRW 178,631,899 to the Plaintiff.