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(영문) 서울중앙지방법원 2018.09.12 2016가단150662
구상금
Text

1. The Plaintiff:

A. Defendant A’s KRW 145,946,752 as well as 6% per annum from December 3, 2016 to December 26, 2016.

Reasons

1. Facts of recognition;

A. On September 28, 2014, Defendant B entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant A and Seo-gu Incheon Metropolitan City C Apartment 536, 1903 (hereinafter “instant apartment”) stipulating that the lease deposit is KRW 180,000,000,000 and the lease period is from October 11, 2014 to October 10, 2016 (hereinafter “instant lease agreement”).

B. On October 1, 2014, the Intervenor (hereinafter “ Intervenor”) entered into a housing loan agreement (hereinafter “instant loan agreement”) with Defendant A with a view to KRW 144,00,000, the due date: October 10, 2016; and the agreed interest rate: 1.7% new traffic.

C. In order to secure loan obligations under the instant loan agreement, Defendant A entered into an individual financial credit insurance contract (hereinafter “instant insurance contract”) between the Plaintiff and the Intervenor: 158,400,000 won; and the insurance period: October 10, 2014 to October 10, 2016.

In entering into the instant insurance contract, when the Plaintiff and Defendant A paid insurance proceeds to the Intervenor, the Defendant A shall immediately pay the amount equivalent to the insurance proceeds to the Plaintiff, and when delay is made, the Plaintiff agreed to pay the amount of the insurance proceeds paid to the Plaintiff, delay damages at the rate determined by the Plaintiff. Since January 1, 2016, the rate of delay damages determined by the Plaintiff is 6% per annum from the date following the date of the payment of the insurance proceeds to the 30th day after the date of the payment of the insurance proceeds, 9% per annum per annum from the 90th day after the payment

On October 1, 2014, Defendant A and the Intervenor entered into a pledge agreement with Defendant A on the amount of KRW 172,800,000 as to the claim for the refund of the lease deposit against Defendant B according to the instant lease agreement in order to secure the obligation for the loan under the instant loan agreement.

(hereinafter “instant pledge”). Defendant B created the instant pledge on October 7, 2014, Defendant A’s “this case’s pledge” and the termination of the lease of this case.

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