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(영문) 인천지방법원 2020.09.23 2019가단263362
구상금
Text

1. As to KRW 15,740,969 and KRW 11,597,134 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from November 22, 2019 to June 25, 2020.

Reasons

The following facts may be acknowledged in full view of the purport of the whole pleadings in the statement in Gap evidence Nos. 1 through 9.

On May 15, 2017, the Defendant entered into a lease agreement between Nonparty B and Nonparty B with respect to D Apartment E (hereinafter “instant apartment”) on a parcel outside of Seo-gu Incheon, Seo-gu, Incheon, with the term of KRW 250 million (hereinafter “instant apartment”) and the term of May 16, 2019 (hereinafter “instant lease agreement”), and B paid the lease deposit to the Defendant.

B entered into an agreement between the Plaintiff on May 16, 2017 and the Plaintiff on the guarantee of safe loan for lease deposit guarantee that the Plaintiff guarantees the payment of the deposit returned by the Defendant.

(hereinafter “instant guarantee agreement.” Although the instant lease agreement expired, the Defendant did not refund the lease deposit to B, and the Plaintiff subrogated on July 23, 2019 to B for KRW 250 million.

Since then, a compulsory auction for real estate was conducted for the apartment of this case (F). The plaintiff received 238,402,866 won in accordance with the distribution schedule prepared on November 21, 2019 in the distribution procedure for the said auction case, and the said distribution was finalized without objection.

Meanwhile, 238,402,866 won paid by the Plaintiff is preferentially appropriated for KRW 250,000,000,000 subrogated by the Plaintiff according to the Plaintiff’s internal rules, which is favorable to the Defendant. Thus, it is recognized as alleged by the Plaintiff.

The total amount of credit remaining as of November 22, 2019 is KRW 15,740,969 [the remaining principal = 11,597,134 won [the principal of subrogation - 250,000,000 won - 238,402,866 won] the interest for arrears up to the dividend date: 4,143,835 won (i.e., 250,000 won x 250,000 won x 121 days from July 24, 2019 to November 21, 2019 x 5%).

According to the above facts of recognition, the Defendant changed the purport and cause of the instant claim from November 22, 2019, with respect to KRW 15,740,969 remaining by subrogation and the remaining principal amount of KRW 11,597,134, which is the day following the date of dividend.

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