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1. Change of the policyholder entered into on November 13, 2017 with respect to the insurance between the defendant and C (D).
Reasons
1. Facts of recognition;
A. On June 13, 2016, the Plaintiff concluded a loan agreement with C as of June 13, 2018, stipulating that “C shall lose the benefit of time and pay the interest upon delay for one month from the time it is required to pay the interest.”
(Article 7(2)1 of the Framework Terms and Conditions for Credit Transactions). (b)
C and the Defendant (C) changed the contractor of the insurance in the separate sheet that C was the contractual party on November 13, 2017 to the Defendant.
(hereinafter “Change of policyholder of this case”). On the other hand, the Jeju Insured in the attached list was maintained as it is.
(Attached List Nos. 1 through 4 and 6 shall be the State Insured C, and the State Insured by Nos. 5 shall be C’s child E).
C From November 26, 2017, due to the delinquency of interest on the above loan from November 26, 2017, it lost the benefit of time for the above loan obligation on December 26, 2017.
C around November 13, 2017, when the policyholder was changed, was in excess of the debt.
C had the Gangseo-gu Seoul Metropolitan Government F building G, but the said real estate was set out by the seizure of the Gangseo-gu tax secretary on October 18, 2017, the provisional seizure of H corporation KRW 10,557,417 as the claimed on December 22, 2017, the provisional seizure of KRW 13,000,522 as the claimed on January 15, 2018, the provisional seizure of 13,000,522 as well as the maximum debt amount of KRW 847,200,000 as the maximum debt amount of November 1, 2016, the JJ Co., Ltd., the mortgagee, the mortgagee of the collective security interest, the maximum debt amount of KRW 100,000,000 as the maximum debt amount of November 1, 2016, and the right to collateral security of K Co., Ltd.
In addition, C was holding the shares of 1/10 of Gangwon-gun L and four parcels M Condominium N, but on October 17, 2017, the registration of seizure of the mandatory book was completed.
E. The Plaintiff’s above loan claim against C is KRW 3,274,932 as of October 17, 2018 (= Principal KRW 30,000,000) and KRW 3,274,932.
[Reasons for Recognition] Facts without dispute, Gap's evidence Nos. 1 through 6, the fact inquiry and reply to the Court Administration Office of this Court, the purport of the whole pleadings
2. Determination as to the cause of the claim