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1. The Plaintiff:
A. As to KRW 80,379,862 and KRW 78,824,960 among them, Defendant A shall be from April 15, 2016 to January 15, 2017.
Reasons
1. Facts of recognition;
A. Defendant A leased Defendant B’s C Apartment 1607, 101 (hereinafter “instant apartment”) owned by the Defendant B from May 28, 2013 to May 27, 2015, with a deposit of KRW 100 million and the lease period of KRW 100 million from May 28, 2013.
B. On May 28, 2013, Defendant A entered into a loan agreement with a new bank (hereinafter “new bank”) with KRW 73.5 million, the expiration date of the loan period, and KRW 1.7% on May 27, 2015, and the loan interest rate with KRW 1.7% on the new deposit amount base COFIX, but the interest rate is changed every six months, and the overdue interest rate is applied within the maximum of 17% per annum by adding the overdue interest rate to the loan interest rate, and the overdue interest rate is within the maximum of 17% per annum. The overdue interest rate was 7% within one month, more than one month, more than three months, and more than 9% if the overdue interest rate is more than 3 months (hereinafter “the loan agreement of this case”). As a security, Defendant B entered into a loan agreement with a loan agreement with KRW 73.5 million,500,000,000,000,000 for the loan bond of this case against Defendant B (hereinafter “instant”).
C. Defendant A entered into a credit guarantee insurance contract (hereinafter “instant insurance contract”) between May 28, 2013 and May 27, 2015 with respect to the obligation to repay loans under the instant loan agreement with the Plaintiff to the said new bank, the insured new bank, the insurance amount of 8,0850,000 won, and the insurance period from May 28, 2013 to May 27, 2015.
Around July 9, 2015, a new bank claimed insurance money under the instant insurance contract to the Plaintiff on the ground that the occurrence of an insurance accident due to the maturity delay, and the Plaintiff paid KRW 78,824,960 to the new bank on January 15, 2016.
E. On January 18, 2016, the new bank transferred the instant pledge to the Plaintiff, and notified Defendant B of the transfer of the pledge.
F. According to the instant insurance contract.