logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.10.20 2016나11300
양수금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. On April 30, 2012, B entered into a lease agreement between the Defendant and the Defendant, setting forth 411 Dong 105 as the lease deposit amount of KRW 13 million.

B. On May 3, 2012, B entered into a personal credit guarantee contract with the insured new bank, the purchase amount of insurance, KRW 70,389,000, and the insurance period from May 7, 2012 to May 7, 2014 with respect to the loan obligation with the Plaintiff’s new bank (hereinafter “new bank”), and issued the guaranty insurance policy from the Plaintiff. On the same day, B received a loan from the new bank as of May 7, 2014 with the payment period of KRW 64,00,00 from the new bank as the above guaranty insurance policy as of May 7, 2014, B established a pledge right with respect to the loan obligation with the Defendant’s new bank with a maximum amount of KRW 76,80,00,00, and the new bank obtained consent from the Defendant on the same day.

C. However, as the Plaintiff failed to repay the above loan to a new bank, on June 27, 2014, the Plaintiff paid the loan amount of KRW 64,904,407 to a new bank, and transferred the above pledge from a new bank on the same day and notified the Defendant of the transfer of the above pledge. D.

On the other hand, it was concluded between the Plaintiff and B.

According to the credit insurance contract mentioned in the paragraph, where the plaintiff pays insurance proceeds, the rate of delay compensation for the insurance proceeds that B would pay shall be 6% per annum from June 28, 2014 to July 27, 2014, 30 days following the payment date of insurance proceeds, 9% per annum from September 25, 2014, 60 days following the payment date, and 15% per annum from the next day to November 20, 2014. Thus, the total delay compensation for the insurance proceeds paid by the plaintiff from June 28, 2014 to November 20, 2014 is 2,73,95 won (=64,904, 407 x 60/365) x 364,944, 97 x 60546 x 63645 x 64564 x 65464 x 964 56).

[Reasons for Recognition] There is no dispute, Gap evidence Nos. 1 through 8.

arrow