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(영문) 서울북부지방법원 2018.01.23 2017나30406
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. 1) The reasons why security was offered to D Co., Ltd. (hereinafter “D”).

(B) On January 2012, Korea Life Insurance Co., Ltd. (hereinafter “Korea Life Insurance Co., Ltd.”) was changed into Korea Life Insurance Co., Ltd. (hereinafter “Korea Life Insurance Co., Ltd.”) and all of the Korea Life Insurance Co., Ltd.

A) A contract with a life insurance agency was entered into between D and D and D under the above agency contract had a claim for insurance commission amounting to KRW 126,882,00 for the life insurance of Korea. D were to withhold the payment of the above insurance commission on the ground of D’s failure to provide collateral. D entered into a performance guarantee insurance contract (hereinafter “the instant guarantee insurance contract”) with a policyholder D, the life insurance for the insured, and the payment guarantee insurance amounting to KRW 100 million for the performance of the above insurance commission refund obligation. On March 20, 2012, D established a collateral security contract with the Seoul Guarantee Insurance Company (hereinafter “Seoul Guarantee Insurance Company”) with respect to the apartment of Nowon-gu owned by the Defendant (the spouse of F who worked as a financial director of D) with respect to the apartment of Seoul Special Metropolitan City, Nowon-gu, 704,101 (hereinafter “the instant apartment”).

3) D shall pay 68 million won to the Defendant in return for the Defendant’s provision of collateral as above. Upon the cancellation of the instant collateral security, D shall be refunded the full amount of 68 million won, but if the Defendant actually suffered property damage under such collateral security, D shall be refunded only for the remainder remaining after deducting the amount of damage from the amount of 68 million won (hereinafter “instant agreement”).

(B) Around March 2013, the lower court paid KRW 68 million to the Defendant (one million in cash account transfer). B. The Plaintiff’s repayment and assignment of claims 1).

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