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(영문) 서울중앙지방법원 2018.02.06 2017가단5106926
구상금
Text

1. Defendant A’s KRW 21,309,510 as well as 6% per annum from October 22, 2016 to November 20, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 21, 2014, Defendant A entered into a lease agreement between the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) and the real estate listed in the separate sheet (hereinafter “instant real estate”) with regard to the lease deposit KRW 23,00,000, monthly rent of KRW 220,000, monthly rent of KRW 220,00, and the term of lease from December 11, 2014 to January 31, 2017.

(hereinafter “instant lease agreement”). B.

The loan and the transfer of the credit of the AF Savings Bank to the defendant A acquired a loan from the AFF Savings Bank (hereinafter referred to as the "AF Savings Bank") and transferred the instant lease deposit refund claim to the AF Savings Bank as security.

On November 24, 2014, the AB Savings Bank notified the assignment of claims by the Defendant A, and the notification reached the Defendant Corporation.

C. On December 1, 2014, the Plaintiff’s Intervenor’s loan and the Plaintiff’s Supplementary Pledge Intervenor (hereinafter “Plaintiff Intervenor”) lent KRW 21,000,000 to Defendant A, and subrogated for the said loan to Defendant A’s LB Savings Bank.

On December 11, 2014, AB Savings Bank terminated the transfer contract with Defendant A of the above lease deposit repayment claim, and the termination notice reached the Defendant Corporation on December 15, 2014.

In order to secure the Defendant’s claim for his own loan against the Plaintiff, the Plaintiff was granted by Defendant A a pledge with the maximum amount of KRW 23,00,000 regarding the right to claim for the refund of the lease deposit of this case (hereinafter “instant pledge”), and the notification of the establishment of the said pledge right reached the Defendant Corporation on December 9, 2014.

On December 1, 2014, Defendant A entered into a personal financial credit insurance contract with the Plaintiff and the Plaintiff’s Intervenor for the guarantee of the payment of the above loan obligation. The amount of insurance coverage was KRW 23,100,000, and the insured as the Plaintiff Intervenor.

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