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(영문) 서울중앙지방법원 2017.04.28 2016가단5132607
보험금청구 등
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a juristic person that carries out a lease contract with the owner of a house and leases a lease contract to an occupant who has qualifications, etc. (hereinafter “business prior to the lease of an existing house”), as provided by the Government’s Guidelines for Business of Lease of the Existing Housing and National Housing Fund Operation and Management Regulations, for the stabilization of housing of vulnerable residential groups, such as recipients of basic livelihood, low-income bracket, and college students (hereinafter “business of lease of an existing house”). The Defendant is an insurer.

Article 1 (Principles of Convention) (1) The Plaintiff shall subscribe to credit insurance (hereinafter referred to as "insurance") for the entire lease contract for leased housing, which is in conformity with the conditions prescribed in this Convention, operated by the Defendant.

(2) The Defendant shall be liable for compensating the Plaintiff for the damages incurred by the lessor in accordance with this Convention and the terms and conditions of credit insurance for the leased housing due to the lessor’s failure to fulfill his/her obligation to refund the lease deposit stipulated in the lease agreement.

Article 2 (Definitions of Terms) The definitions of terms used in this Convention shall be as follows:

1. The term “leased” means the owner of the register of the leased object leased by the Plaintiff, who is a lessee.

3. The term "principal contract" means a lease contract for an object of lease, the lease term of which between the Plaintiff and the lessor is two years.

4. The term "occupant" means a person who resides in and resides in the leased object leased by the plaintiff;

Article 3 (Subject to Purchase of Insurance) (1) The main contract eligible to be insured under this Convention shall be a lease contract for the housing in the public record book related to real estate, the debt ratio of which is not more than 90% on the basis of the date all the requirements for counterclaims under the Housing Lease Protection

(4) The contract shall be renewed without increasing the lease deposit for the same object of lease.

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