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1. The plaintiff's action against the defendant A shall be dismissed.
2. Defendant B shall pay to the Plaintiff KRW 21,521,340 and KRW 20,344,60 among them.
Reasons
1. Facts of recognition;
A. On November 16, 2013, Defendant A leased from Defendant B the lease deposit amount of KRW 150,000,000 from December 24, 2013 to December 24, 2015, the lease deposit amount of KRW 150,00,00,000, which was owned by Defendant B and one parcel D apartment Nos. 201 (hereinafter “instant real property”).
B. On November 27, 2013, Defendant A entered into a lease loan agreement with a new bank (hereinafter “new bank”) with a loan of KRW 70,00,000,000, and on December 24, 2015, the expiration date of the loan period (hereinafter “instant loan agreement”). On the same day, Defendant A set up a lease lease agreement with the Defendant B with a maximum amount of KRW 84,00,000 for the claims to refund the lease deposit against Defendant B as security (hereinafter “instant lease agreement”). Defendant B notified Defendant B of the establishment of the lease agreement by way of content-certified mail.
C. Defendant A concluded a personal financial credit guarantee insurance contract between December 24, 2013 and December 24, 2015 (hereinafter “instant insurance contract”) with the Plaintiff regarding the obligation to repay loans under the instant loan agreement, with the insured new bank, the purchase amount of insurance to KRW 22,00,000,000, and the insurance period from December 24, 2013.
According to the insurance contract of this case, when a new bank received insurance money from the plaintiff, it shall pay the corresponding amount of the insurance money to the plaintiff as a statutory subrogation, and if delay, it shall pay the insurance money by adding the delay interest rate determined by the plaintiff as a guarantee insurance company within the scope of the highest default interest rate from the day following the date of payment to the date of full payment (to apply the smaller overdue interest rate between the overdue interest rate determined by the plaintiff as a guarantee insurance company and the overdue interest rate under the loan agreement within the scope of the highest default interest rate from the date of payment). According to this, the overdue interest rate is 6% per annum from the date following the date of payment of insurance money until 30 days from the date of payment, 9% per annum from
The new bank shall be the defendant A.