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1. The Defendant’s KRW 5,00,000 as well as the Plaintiff’s annual rate of KRW 5% from June 10, 2017 to March 8, 2018.
Reasons
1. Facts of recognition;
A. On July 24, 2014, the Korea Land and Housing Corporation (hereinafter referred to as the “Korea Housing Corporation”) concluded a lease agreement between the lessor and B to return the deposit amount of KRW 55,00,000,000 for the deposit money for lease on a deposit basis, from August 5, 2014 to August 4, 2016 for the lease period, and the entire deposit amount (including occupant charges) to be returned to the lessee upon expiration of the lease contract period (hereinafter referred to as “the lease agreement of this case”). On the same day, the lease agreement between the lessor and B was sub-leaseed to D on the same day.
(Expenses to be borne by occupants: 2.75 million won). (b)
D paid 52,250,000 won to B on the date of the contract, and D moved into the instant house after the Housing Corporation paid 52,250,000 won to B on August 5, 2014.
C. The Plaintiff and the Housing Corporation entered into an insurance contract for pre-paid rental housing that the Plaintiff is obligated to pay insurance money in the event of an insured event for which the insured is unable to refund the leased deposit even after the lease term expires, with respect to the instant housing, from August 5, 2014 to December 31, 2016.
B completed the registration of ownership transfer of the instant house to the Defendant on June 24, 2016 due to sale on May 2, 2016.
E. However, despite the expiration of the lease period, the Defendant filed a claim against the Plaintiff for insurance proceeds on June 9, 2017, by failing to return the lease deposit to the Housing Corporation, and the Plaintiff paid the insurance proceeds of KRW 5 million to the Housing Corporation.
[Reasons for Recognition] Each entry of Gap 1 or 6 evidence, the purport of the whole pleadings
2. Determination on the cause of the claim
A. According to the above facts, the Plaintiff, as the insurer of the Housing Corporation, paid the insurance money in accordance with the above credit insurance contract, within the scope of the insurance money paid in accordance with the insurer subrogation doctrine under Article 682 of the Commercial Act.