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1. The Defendant’s KRW 180,000,000 as well as 6% per annum from July 27, 2016 to November 10, 2016 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On April 24, 2014, the Korea Electric Nations Co., Ltd. (hereinafter “Korea Electric Nations”) concluded a lease agreement with the Defendant on the lease deposit for the Seo-gu Daejeon Apartment 13 and 803 (hereinafter “instant apartment”) owned by the Defendant (hereinafter “instant apartment”), setting the lease term of KRW 180,00,000, and the lease term from May 20, 2014 to May 19, 2016 (hereinafter “instant lease agreement”). At the time, the Defendant agreed to the Korea Electric Nations insurance policy for the security deposit for lease on a deposit basis.
(Matters of special agreement 2). Korea Electric Nations paid all the above lease deposit to the defendant.
B. On May 29, 2014, Korea Electric Nations concluded an insurance contract for security of deposit for lease on a deposit basis (hereinafter “instant insurance contract”) with the Plaintiff, with the insurance coverage amount of KRW 180,000,000, the insurance coverage period from May 20, 2014 to June 28, 2016 (the period thereafter changed from June 18, 2016), the policyholder and the insured constituted Korea Electric Nations, and the content of the guarantee as the repayment obligation of the lessor’s deposit for lease.
C. Although the instant lease contract had been terminated, the Defendant did not refund the lease deposit to the Korea Electric Nations, and the Plaintiff paid KRW 180,000,000 as insurance money to the Korea Electric Nations on July 26, 2016.
[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 3 (including each number), the purport of the whole pleadings
2. The Defendant, as a party to the instant lease agreement, is obligated to refund the lease deposit to the KND due to the termination of the instant lease agreement, barring any special circumstance. Therefore, the Plaintiff, who acquired the insurer’s subrogation right under Article 682 of the Commercial Act, is obligated to file a lawsuit seeking compensation from July 27, 2016 to November 10, 2016, which is the day following the payment date of the insurance proceeds, with 5% per annum as stipulated in the Civil Act, and from the following day to the day of full payment.