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(영문) 서울중앙지방법원 2021.01.29 2020가단5008619
구상금 등 청구의 소
Text

1. The Defendants jointly share the Plaintiff KRW 275,385,103 as well as their annual interest from September 26, 2019 to October 25, 2019.

Reasons

1. Facts of recognition;

A. On October 28, 2016, Defendant B leased KRW 380,000,000 (hereinafter “the instant lease deposit”) of Seongbuk-gu Seoul apartment E owned by Defendant C, and around that time, paid the instant lease deposit to Defendant C.

B. Defendant B obtained a loan of KRW 290,00,00 from F Bank on November 10, 2016 to November 18, 2018, the agreed interest rate is 2.1% of the newly treated amount of COFX (COFX), the agreed interest rate is 6% of the overdue interest rate (6% within one month, 7% where the overdue interest rate exceeds three months, and 8% where the overdue interest rate exceeds three months), and on the same day, it obtained a loan of KRW 348,00,000 from F Bank on the collateral by setting the maximum amount of 15% per annum (hereinafter “instant loan”), and on the same day, Defendant B obtained the pledge from F Bank on the collateral by establishing the pledge right (hereinafter “instant pledge right”).

(c)

On November 18, 2016, the Plaintiff entered into an agreement with Defendant B on personal financial and credit insurance (hereinafter “instant insurance agreement”) with the insured F Bank, the insured F Bank, the insurance amount of KRW 319,000,000, and the insurance period from November 18, 2016 to November 18, 2018, and issued a personal financial and credit insurance policy with the same content.

In the instant insurance contract, when the Plaintiff pays insurance money, Defendant B paid the corresponding amount of insurance money to the Plaintiff as well as the amount of delayed damages determined by the Plaintiff from the day following the date of payment. The rate of delayed damages determined by the Plaintiff is 6% per annum from the day following the date of payment of insurance money to the 30th day, and 9% per annum from the following day (Provided, That where the overdue interest rate specified in the instant loan agreement is lower, the overdue interest rate shall apply).

(d)

The F Bank will be liable for the failure of the Defendant B to perform its obligations.

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