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(영문) 서울중앙지방법원 2020.12.15 2018가단5220232
구상금
Text

1. The Defendant: (a) KRW 140,00,000 for the Plaintiff and 5% per annum from August 25, 2018 to September 14, 2018; and (b).

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter referred to as “C”) completed the registration of ownership preservation with respect to Dtel E (hereinafter referred to as “instant officetel”) on September 18, 2015, and completed the registration of ownership transfer to the Defendant on October 7, 2015 on the grounds of sale on October 19, 2015.

(hereinafter “instant transfer registration”). B.

On May 16, 2016, the Defendant concluded a lease contract with the Korea Electric Power Corporation for the instant officetel KRW 140,000,000, term of lease from May 17, 2016 to May 16, 2018 (hereinafter “instant lease contract”), and the Korea Electric Power Corporation paid the said lease deposit to the Defendant’s account around that time.

C. On May 17, 2016, the Plaintiff and the Korea Electric Power Corporation concluded a guarantee insurance contract for lease deposit (hereinafter “instant guarantee insurance contract”) with respect to the claim for the return of the said lease deposit, the insurance amount of KRW 140,000,000, and the insurance period of May 17, 2016 to June 15, 2018.

With respect to the instant officetel, the transfer registration of ownership was completed in F on February 2, 2017 due to the sale on February 1, 2017, and the transfer registration was completed in G on April 10, 2017 due to the sale on the same date.

E. The Korea Electric Power Corporation did not receive a refund of the lease deposit from the Defendant even after the expiration of the lease term, and on June 20, 2018, claimed insurance money to the Plaintiff according to the instant guarantee insurance contract.

On June 29, 2018, the Plaintiff notified the Defendant of the occurrence of an insured incident and the factual verification thereof, and paid KRW 140,000,000 to the Korea Electric Power Corporation on July 26, 2018.

F. Around July 2018, the Defendant filed a complaint regarding the instant lease agreement with H, a substantial representative of C, and F, as fraud, fabrication of private documents, or uttering of an investigative document.

(g) On December 31, 2018, the prosecutor rendered a disposition that there was no suspicion of lack of evidence, and the Defendant filed an appeal against the prosecution.

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