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1. Defendant B’s KRW 37,097,306 as well as 6% per annum from February 28, 2019 to March 29, 2019, respectively, to the Plaintiff.
Reasons
1. Facts of recognition;
A. On June 28, 2016, Defendant B entered into a lease agreement between the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) and the real estate listed in the separate sheet (hereinafter “instant real estate”) with respect to the lease deposit of KRW 38,00,000, monthly rent of KRW 254,000, and the period from July 27, 2016 to September 30, 2018.
(hereinafter “instant lease agreement”). B.
C Co., Ltd. (hereinafter referred to as “C”) concluded a loan agreement with Defendant B on July 1, 2016, setting the loan amount of KRW 36,100,000, July 15, 2016 on the date of loan, and on September 30, 2018 on the maturity date, at 24% per annum.
C. On July 1, 2016, Defendant B transferred the right to return the lease deposit under the instant lease agreement to C in order to secure the obligation for the loan to C, and C was delegated with the authority to notify by Defendant B on July 12, 2016, and notified the Defendant Corporation of the assignment of the said claim, and the said notification reached the Defendant Corporation at that time.
On July 1, 2016, the Plaintiff entered into a guarantee insurance contract with Defendant B as the insured C with respect to the above loan obligations owed by Defendant B to Defendant C (hereinafter “instant insurance contract”).
E. Upon delinquency in paying the principal and interest under the above loan agreement with Defendant B, C claimed insurance proceeds under the instant insurance contract against the Plaintiff on the ground of an insured incident. On February 27, 2019, the Plaintiff paid the insurance proceeds of KRW 37,097,306 to C.
F. On February 27, 2019, after receiving the above insurance money, C transferred the claim to return the lease deposit of this case to the Plaintiff, and notified the transfer of the claim to Defendant Corporation on the same day, and the above notification reached Defendant Corporation around that day.
G. Meanwhile, in the instant insurance contract, where Defendant B defaults on the claim for indemnity arising from the payment of the Plaintiff’s insurance money, the instant insurance contract provides that the Plaintiff shall pay the amount by adding the overdue interest rate set by the Plaintiff within the maximum overdue interest rate.