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(영문) 서울중앙지방법원 2017.06.27 2016가단134226
구상금 등
Text

1. The Plaintiff:

A. As to KRW 49,01,090 and KRW 36,413,734 among Defendant A, Defendant A, from November 1, 2016 to December 27, 2016.

Reasons

1. Basic facts

A. On April 18, 2013, Defendant A (Lessee) and Defendant A (Lessee) were the fifth floor of the building C in Busan (hereinafter “instant real estate”) of the fifth floor of the building C in Busan (hereinafter “the instant real estate”) between Defendant B (Lessor) and the Plaintiff on April 18, 2013.

As to the lease deposit, the lease agreement (hereinafter referred to as “the instant lease agreement”) is concluded between April 29, 2013 and April 28, 2015, with respect to the lease deposit amounting to KRW 80,000,000,000,000,000.

(2) On April 22, 2013, Defendant A concluded a loan (hereinafter referred to as “instant loan”) with a maturity date fixed on April 28, 2015, as a pre-tax loan for lease of the instant real estate from the KIB Life Insurance Co., Ltd. (hereinafter “SIB”).

3) On April 22, 2013, as to the claim for the refund of deposit for lease under the instant lease agreement from Defendant A on April 22, 2013, a pledge (hereinafter “instant pledge”) is limited to KRW 50,400,000.

(1) On April 25, 2013, the new era of the new era of the law firm, which was delegated with the power to notify by the teaching life, notified Defendant B, a lessor, of the establishment of the instant pledge. (4) The teaching life transferred the instant pledge to the Plaintiff on March 12, 2014, and notified Defendant B of the transfer of the said pledge.

B. On the other hand, in relation to the repayment obligation of the instant loan between Defendant A on April 29, 2013, the Plaintiff is an individual financial insurance contract (hereinafter “instant insurance contract”) stipulated between April 29, 2013 and April 28, 2015 as the insured Educational Lifelong, the purchase amount of insurance, the insurance amount of KRW 46,19,591, the insurance period, and the period of insurance from April 29, 2013 to April 28, 2015.

(2) According to the insurance contract of this case, in the event that the Plaintiff pays the insurance proceeds to the insured, Defendant A paid the insurance proceeds to the insured, 6% per annum from the day following the date on which the Plaintiff paid the insurance proceeds to the insured, and 9% per annum from the following day to the 30th day.

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