logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.03.26 2018가단5173695
구상금
Text

1. The part of the Plaintiff’s claim for indemnity against Defendant B is dismissed.

2. The defendant Incheon Urban Corporation;

Reasons

1. Facts of recognition;

A. On April 30, 2013, Defendant B entered into a lease agreement with Defendant Incheon Urban Corporation (hereinafter “Defendant Corporation”) on the lease deposit amounting to KRW 103,40,000, monthly rent of KRW 250,000, monthly rent of KRW 250,00, and the lease term of KRW 250,00, and from June 15, 2015 to June 30, 2017 (hereinafter “instant lease agreement”).

B. On June 8, 2015, Defendant B entered into a loan transaction agreement with C Co., Ltd. (hereinafter “C”) with a loan amount of KRW 98,000,000 (hereinafter “instant loan agreement”). On the same day, Defendant B entered into a pledge contract with a maximum amount of KRW 103,40,000 regarding the claim for the return of the lease deposit against Defendant B under the instant lease agreement with the Defendant Corporation.

Accordingly, C loaned KRW 98,00,000 to Defendant B, and at that time notified the Defendant Corporation of the above pledge.

C. Around June 2015, Defendant B entered into a personal credit guarantee insurance contract (hereinafter “instant insurance contract”) with respect to the obligation to repay loans under the instant loan agreement with the Plaintiff, with the content of the insured C, the insured amount of KRW 107,800,000, and the insurance period from June 15, 2015 to June 30, 2017.

C On August 2, 2017, on the ground that the insured event due to Defendant B’s nonperformance occurred, the Plaintiff claimed insurance proceeds under the instant insurance contract. Accordingly, on October 17, 2017, the Plaintiff paid KRW 100,003,475 to C.

E. On October 17, 2017, C transferred to the Plaintiff a pledge established in relation to the claim for the return of the lease deposit against Defendant B’s Defendant Corporation under the instant lease agreement, and notified the Defendant Corporation of this fact through a pledge transfer notice dated October 17, 2017.

F. On July 3, 2017, Defendant B filed an application for immunity with the Incheon District Court No. 2871, 2018Hadan2874 on bankruptcy and application for immunity.

3.2

arrow