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(영문) 서울중앙지방법원 2020.09.01 2020가단5084224
구상금 등 청구의 소
Text

1. Defendant B:

A. As to KRW 14,345,893 and KRW 14,314,158 among the Plaintiff and the Plaintiff’s KRW 14,314,158 from June 23, 2018 to July 22, 2018.

Reasons

1. Basic facts

A. On May 27, 2009, Defendant B entered into a lease agreement with the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) on the lease deposit amount of KRW 13,700,000, monthly rent of KRW 114,000, and the lease term of KRW 15,783,00, and KRW 12,00,00 based on the lease deposit amount of KRW 131,30, KRW 71,30, KRW 30, KRW 30, and the lease term of KRW 114,00 from March 18, 2016 to February 23, 2016.

(hereinafter “instant lease agreement”) between the Defendants. B

On February 27, 2017, the Plaintiff entered into a personal financial credit insurance contract (hereinafter “instant insurance contract”) with Defendant B, stating as “non-party company,” “non-party company,” “insurance amounting to 28,930,000 won,” and “from March 7, 2017 to February 28, 2018,” and issued an insurance policy.

C. Defendant B obtained a loan of KRW 27,783,00,00 on March 7, 2017 from the non-party company as a security, with the term of February 28, 2018, and transferred to the non-party company the right to refund the lease deposit amount of KRW 27,783,00 under the instant lease agreement to secure the obligation of the loan. On February 27, 2017, Defendant B notified the Defendant Corporation of the said transfer on March 3, 2017.

On March 28, 2018, Defendant Corporation repaid KRW 12,000,000 out of the lease deposit to Nonparty Company upon Defendant B’s request.

E. As Defendant B did not pay the above loan obligations to Nonparty Company, the Plaintiff paid KRW 14,614,158 to Nonparty Company in accordance with the instant insurance contract on June 22, 2018, and acquired the right to return the lease deposit from Nonparty Company.

The non-party company on June 25, 2018.

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