logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.06.19 2018가단5217984
구상금 등
Text

1. Defendant B:

A. The Plaintiff’s KRW 84,369,828 and its related KRW 6% per annum from September 15, 2017 to October 14, 2017.

Reasons

1. Facts of recognition;

A. On July 16, 2014, Defendant B entered into a personal financial and credit insurance agreement between Defendant B and the insured on October 31, 2015, with the due date of repayment of KRW 80,000,000,000 from D (the period shall be extended to October 31, 2017). On November 3, 2015, the Plaintiff entered into a personal financial and credit insurance agreement between Defendant B and the insured on November 3, 2015, with the insurance amount of KRW 87,984,936, the insurance period from November 1, 2015 to October 31, 2017.

B. In concluding the above credit insurance agreement, Defendant B agreed to pay the Plaintiff’s compensation for delay from the day following the payment date. The rate of delay damages determined by the Plaintiff is 6% per annum until the 30th day from the day following the payment date of insurance proceeds, 9% per annum from the next day to the 90th day from the next day, 12% per annum from the next day to June 30, 2018, and 9% per annum from the following day.

C. Defendant B leased, on October 30, 2013, the real estate listed in the separate sheet from the Korea Land and Housing Corporation (hereinafter “instant real estate”), from the Defendant Korea Land and Housing Corporation until October 31, 2015, the deposit amount of KRW 84,243,00, and the lease period of the lease was October 31, 2015. On October 28, 2015, the deposit amount of KRW 87,390,000 was increased to KRW 87,390,000 and the lease period was extended until October 31, 2017.

On July 16, 2014, Defendant B issued a pledge to the extent of KRW 84,243,00 with respect to the claim to return the lease deposit in order to guarantee the performance of the above loan obligation against D (State). On July 17, 2014, Defendant B notified Defendant Korea Land and Housing Corporation of the establishment of the pledge.

E. Around April 5, 2017, Defendant B failed to pay the above loans to D (State) and the Plaintiff paid KRW 84,369,828 as insurance proceeds to D (State) on September 14, 2017.

F. D (State) received insurance money from the Plaintiff, transferred the said pledge to the Plaintiff, and notified the Defendant Korea Land and Housing Corporation of the fact of transfer of the pledge on January 11, 2018.

[Ground of recognition] Facts without dispute, Gap 1 to 7 evidence, Eul 1 evidence (including paper numbers) and all pleadings.

arrow