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Reasons
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(영문) 서울중앙지방법원 2018.06.21 2017가단5096821
구상금
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1. The defendant A:

A. The Plaintiff KRW 52,636,642 as well as 6% per annum from February 22, 2017 to March 23, 2017.

Reasons

1. Facts of recognition;

A. On December 26, 2012, Defendant A leased the instant real estate from Defendant Corporation with the lease deposit of KRW 42,00,000, and the lease term of KRW 41,200,000 from December 2, 2014 to December 31, 2016; however, Defendant A leased the instant real estate at KRW 54,00,000 on September 8, 2015.

(hereinafter “Lease of this case”). (b)

On September 8, 2015, Defendant A entered into a loan agreement with a Culture Capital Co., Ltd. (hereinafter referred to as “slun Capital”) with a loan of KRW 51,30,00, annual interest rate of KRW 4.6%, and a loan of KRW 4.6% on December 31, 2016. On the same day, Defendant A entered into the said loan agreement with the said company to secure the above loan obligations, setting the maximum amount of KRW 54,00,000 as a collateral for the claim for the return of the lease deposit against Defendant A’s Defendant Corporation, and notified Defendant A of the establishment of the said pledge agreement through ADD on September 9, 2015.

C. On September 17, 2015, Defendant A concluded a personal credit guarantee insurance contract between the Plaintiff and the Plaintiff with the coverage amount of KRW 56,430,00, and the insurance period from September 17, 2015 to December 31, 2016.

The delayed interest rate on the insurance proceeds paid by the Plaintiff is 6% per annum from February 22, 2017 to March 23, 2017, and 9% per annum from the next day to August 10, 2017, the delivery date of a copy of the complaint of this case.

Although Defendant A had arrived at the maturity of a loan, shot Capital claimed the Plaintiff to pay the insurance proceeds to the Plaintiff who did not pay the loan. On February 21, 2017, the Plaintiff received KRW 52,636,641 from the Plaintiff.

E. On February 21, 2017, a lotl Capital transferred a pledge to the Plaintiff on the claim to return the lease deposit held against the Defendant Corporation, and on the same day, notified the Defendant Corporation of the transfer of the pledge.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 14, purport of whole pleadings

2. Determination

A. According to the above facts of recognition, Defendant A is entitled to the Plaintiff’s indemnity amounting to KRW 52,636,641.

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