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(영문) 서울중앙지방법원 2018.03.08 2017가단5001724
구상금
Text

1. The Plaintiff:

A. Defendant A’s KRW 65,366,870 and KRW 65,046,09 among them within the limit of KRW 76,440,00 and KRW 65,046,09.

Reasons

1. Facts of recognition;

A. On July 26, 2014, D entered into a lease agreement with Defendant A for the lease deposit amounting to KRW 80,000,000 and the lease period from August 29, 2014 to August 28, 2016 (hereinafter “instant lease agreement”).

B. On September 3, 2014, D entered into a pledge agreement with the non-party M&C Co., Ltd. (hereinafter “SB”) on a deposit basis of the amount of KRW 63,700,000 (hereinafter “instant loan agreement”) and in order to secure the obligation of the said loan, D entered into the instant lease agreement with the limited amount of KRW 76,440,00 with respect to the claim for the refund of the deposit for lease against Defendant A according to the instant lease agreement.

Defendant A consented to the establishment of the above pledge right on the same day, and promised to return the deposit to the teaching life upon the expiration of the lease term.

After the completion of the pledge right as above, it paid 63,70,000 won of the loan to D on September 5, 2014.

C. Meanwhile, D concluded a personal financial credit guarantee insurance contract between September 5, 2014 and August 28, 2016 (hereinafter “instant insurance contract”) with respect to the obligation to repay loans under the instant loan agreement with the Plaintiff.

According to the insurance contract of this case, when the school life life insurance was paid by the plaintiff as a guarantee insurance company, D shall immediately pay the corresponding amount of the insurance proceeds to the plaintiff as a legal subrogation, and if so, D shall pay the insurance proceeds in addition to the delayed interest rate determined by the plaintiff as a guarantee insurance company within the range of the maximum overdue interest rate among the overdue interest rate of the ordinary loan of the city bank, and the overdue interest rate determined by the plaintiff as a guarantee insurance company within the scope of the overdue interest rate under the loan agreement.

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