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(영문) 수원지방법원 2020.06.09 2020가단5156
구상금
Text

The defendant's KRW 185 million to the plaintiff and about this, 5% per annum from October 11, 2019 to March 3, 2020, and the following.

Reasons

1. The facts stated in the separate sheet of claim concerning the cause of the claim do not conflict between the parties, or may be acknowledged by considering the whole purport of the pleadings as a whole in each entry in Gap evidence Nos. 1 through 6.

According to the above facts, since the lease contract between the defendant and D has expired, the defendant is obligated to refund the lease deposit amount of KRW 185 million to D, and the plaintiff paid KRW 185 million to D, which is equivalent to the lease deposit which D had not been refunded from the defendant according to the lease deposit insurance contract between the plaintiff and D, and acquired the above lease deposit claim against D against the defendant in accordance with the insurer subrogation doctrine under Article 682 of the Commercial Act.

Therefore, the defendant is obligated to pay to the plaintiff 185 million won the above lease deposit and damages for delay calculated at the rate of 5% per annum as stipulated by the Civil Act from October 11, 2019 to March 3, 2020, the delivery date of the original copy of the payment order of this case, and 12% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

2. The plaintiff's claim for conclusion is reasonable, and it is so decided as per Disposition.

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