(영문) 서울중앙지방법원 2017.11.21 2016가단140399

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(영문) 서울중앙지방법원 2017.11.21 2016가단140399

보험금

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1. The Defendant shall pay to the Plaintiff KRW 80,00,000 and the interest rate of KRW 15% per annum from December 22, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On November 12, 2013, the Plaintiff entered into a housing lease agreement (hereinafter “instant lease agreement”) with respect to the Seo-gu Incheon Metropolitan City C building, 101 Dong 703vi, the lease deposit of which is KRW 80,000,000, and the lease term from November 30, 2013 to November 30, 2014, and around that time, paid the lease deposit to B.

B. On December 16, 2013, the Plaintiff entered into an insurance policy with the Defendant for KRW 80,000,000, the insurance period from November 30, 2013 to January 29, 2015; the lessor’s obligation to return the lease deposit; the lessor’s obligation to return the lease deposit; and the lease deposit security credit insurance contract, which is the lease contract of this case.

C. Under Article 6 (Compensation for Damages), the general terms and conditions of the foregoing insurance are as follows: (a) the lessor, who is the debtor, fails to perform the obligation stipulated in the building lease agreement other than a house or a house as stated in the insurance policy; and (b) the lessee, who is the creditor, suffers loss due to the occurrence of the following insurance accidents; and (c) the terms and conditions

1. When the insured fails to receive a refund of the deposit for lease after auction or public sale of dividends on a building other than a house or a house during the term of lease;

2. Where the insured fails to refund the deposit for lease even though 30 days (60 days in cases of a building other than a house) have passed since the principal contract was terminated or terminated.

3. In addition to the reasons set forth in subparagraphs 1 and 2, when a lessor was unable to refund the lease deposit even though the cause for the return of the lease deposit occurred. Article 8(Non-compensation Damages) provides, “B Company shall not compensate for the damage arising without renewal or alteration of the contract even though the cause set forth in Article 11(Amendment and Renewal of the Contract) occurred.

Article 11 (Amendment and Renewal of this Agreement) provides that "Any of the following causes shall arise with respect to this Agreement:

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