beta
Text
1. The defendant Public Official Pension Service is to receive real estate in the attached list from the defendant A from the plaintiff.
Reasons
1. Facts of recognition;
A. On June 9, 2014, Defendant A entered into a lease agreement that leases the instant real estate to Defendant A with a deposit of KRW 115 million, the period from July 9, 2014 to July 8, 2016 (hereinafter “instant lease agreement”); Defendant A paid the said deposit and occupied and used the said real estate.
B. On July 3, 2014, Defendant A received a loan of KRW 19 million from the Kanyang Life Insurance Co., Ltd. (hereinafter referred to as “Sancheon Life Insurance”) on the due date on July 8, 2016, and the Defendant A concluded a pledge agreement on the claim to return the deposit for lease to the Defendant Corporation as a security, and on the same day, Defendant A notified the establishment of the pledge and notified the Defendant Corporation of the said establishment of the pledge, thereby reaching the Defendant Corporation around that time.
C. On the other hand, on July 3, 2014, the Plaintiff entered into a personal financial credit insurance contract with Defendant A with the content that the Plaintiff would compensate for losses suffered by teaching life, as it did not perform a loan agreement with Defendant A on July 9, 2014, setting the insurance coverage amounting to KRW 1199 million, and the insurance coverage period from July 8, 2014.
When Defendant A fails to pay the principal and interest of the principal and interest of the teaching life, the teaching life shall be the Plaintiff on January 29, 2015.
On April 24, 2015, the Plaintiff claimed insurance proceeds pursuant to the insurance contract under paragraph (1), and paid KRW 116,155,384 to the Teaching Life, and notified the Defendant Corporation of the transfer of the pledge right to the claim for the return of the deposit to Defendant A to the Plaintiff on April 28, 2015, and that the said notification reached the Defendant Corporation around that time.
E. The Plaintiff filed an application for payment order with Defendant A as Seoul Central District Court 2016 tea48906, and Defendant A received an order to pay to the Plaintiff 126,070,530 won and 116,155,384 won among them, 12% per annum from January 1, 2016 to March 3, 2016, and 15% per annum from the next day to the date of full payment. The above payment order is issued on March 2016.