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(영문) 서울중앙지방법원 2020.12.24 2019가단5192549
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant entered into a lease contract between the Defendant and B (i) is a corporation that supports the lease-lease housing for residential stability of the disadvantaged class. The Defendant, as part of the lease-lease project, is a corporation that provides support for the lease-lease housing. On December 22, 201, the fourth floor D of Busan Shipping Daegu (hereinafter “instant housing”).

(B) The lease contract for the lease of real estate in the lease business between January 1, 2012 and January 1, 2014 (hereinafter “instant lease contract”) is stipulated as the tenant E, the deposit for lease on a deposit basis (lease deposit) KRW 45 million, and the term of the contract from January 1, 2012 to January 1, 2014.

(2) Accordingly, on December 22, 2011, the occupant E completed the move-in report for resident registration to the instant housing (E was temporarily transferred to another place on August 6, 2012, but transferred to the instant housing on December 10, 201), and the Defendant obtained a fixed date in the instant lease agreement on December 26, 201.

B. The Plaintiff entered into a credit insurance contract between the Plaintiff and the Defendant, and the termination of the instant lease contract; 1) The Plaintiff entered into a credit insurance contract between the Defendant and the Defendant on leased housing (hereinafter “instant insurance contract”) with the effect that the Plaintiff would compensate the Plaintiff for damages incurred by the Defendant due to the lessor’s failure to perform his obligation to refund the lease deposit.

The instant lease agreement between B and the Defendant also applies to the instant insurance contract. (2) According to the agreement entered into between the Plaintiff and the Defendant on the management of credit insurance of the pre-paid rental housing (hereinafter “instant agreement”), Article 18 (Transfer of Rights) through (d) of the said agreement shall be as follows, and Article 21 (Indemnification) of the said agreement provides that “if the Plaintiff or the Defendant has inflicted damage on the other party in violation of the matters stipulated in this agreement, the said damage shall be subject to criminal liability.”

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