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(영문) 전주지방법원 2016.10.26 2015가단31218
보험금
Text

1. The plaintiff's claim of this case is 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) A (referring to the plaintiff) shall subscribe to a credit insurance for the leased rental housing (hereinafter referred to as the "insurance") operated by B (referring to the defendant) on the whole of the leased rental housing lease contract in conformity with the conditions prescribed in this Convention.

(2) B shall be liable for the damages suffered by A due to the lessor’s failure to fulfill his/her obligation to return the lease deposit stipulated in the lease agreement, which was subscribed to this insurance, in accordance with this agreement and the credit insurance terms and conditions of B-to-rent rental housing.

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

1. The term “leased” refers to the owner entered in the register of the leased object leased by A, a lessee;

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

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

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 80% on the basis of the date all requirements for setting up against the Housing Lease Protection Act

Article 7 (Insurance Period) Insurance Period shall be three years, but each State contract.

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