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(영문) 대전지방법원 2018.11.15 2018가단6355
구상금
Text

1. The Defendant: (a) KRW 140 million to the Plaintiff; and (b) 5% per annum from February 12, 2018 to April 21, 2018 to the Plaintiff.

Reasons

1. The fact-finding KPS Co., Ltd. (hereinafter “Nonindicted Company”) entered into a lease agreement with the Defendant to lease the lease deposit amount of KRW 140 million and 304,000,000,000 (hereinafter “the instant apartment”) owned by the Defendant, and entered into a lease agreement with the Plaintiff on October 12, 2015 in order to secure the refund of the lease deposit (the policyholder and the insured: the non-party company; the insurance amount of KRW 140,000,000,000; the insurance period: October 12, 2015; and November 10, 2017; hereinafter “the instant insurance contract”).

After the expiration of the lease term, the non-party company filed a claim with the Plaintiff for insurance money according to the insurance contract of this case, as the non-party company ordered the apartment of this case to order the Defendant and requested the return of the lease deposit.

On January 12, 2018, the Plaintiff subrogated to the non-party company for KRW 140 million of insurance proceeds.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 4, purport of whole pleadings]

2. The Defendant, based on subrogation by the insurer under Article 682 of the Commercial Act, is obligated to pay to the Plaintiff the above KRW 140 million and damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from January 12, 2018 to April 21, 2018, the delivery date of the complaint, and 15% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

On the other hand, the defendant asserts that it is time to sell or lease the apartment of this case, and thus, it cannot respond to the request of the party president. However, the above argument is rejected as it is impossible to reject the plaintiff's claim on the grounds as alleged by the

3. Acknowledgement of the Plaintiff’s claim, and the costs of the lawsuit are assessed against each party, and no declaration of provisional execution is attached.

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