beta
Text
1. The Defendants jointly share KRW 50,976,207 with respect to the Plaintiff and the period from October 20, 2016 to November 18, 2016.
Reasons
1. Facts of recognition;
A. On June 30, 2014, Defendant A leased the lease deposit amount of KRW 100,000,000 from Defendant B, the lease term of which was between July 30, 2014 and July 30, 2016.
B. On May 6, 2015, Defendant A entered into a general loan agreement with a new bank (hereinafter “new bank”) as of July 30, 2016 with a loan of KRW 49,50,00,000, and the expiration date of the loan period (hereinafter “instant loan agreement”). As to the claim for the refund of the lease deposit against Defendant B as security, Defendant A created a pledge (hereinafter “instant pledge”) with a new bank with a maximum amount of KRW 59,40,000,000, and notified Defendant B of the establishment of the pledge by content-certified mail.
C. Defendant A entered into a personal financial credit guarantee insurance contract between May 11, 2015 and July 30, 2016 (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 54,450,000, and the insurance period from May 11, 2015 to the period of insurance.
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 to the plaintiff by adding the delay interest rate to the full payment from the day following the date of payment (within the maximum overdue interest rate of the ordinary loan interest rate of the city bank, whichever is the guarantee insurance company, to the overdue interest rate determined by the plaintiff, within the scope of the highest overdue interest rate, and the overdue interest rate under the loan agreement, whichever is less. Accordingly, the overdue interest rate is 6% per annum from the day following the date of payment of the insurance money to 30 days from the
The new bank has caused an insurance accident due to the Defendant A's default.