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(영문) 서울중앙지방법원 2018.02.07 2017가단39601
구상금
Text

1. The Defendant’s KRW 93,683,786 for the Plaintiff and its related KRW 6% per annum from December 30, 2016 to January 28, 2017.

Reasons

1. Facts of recognition;

A. On March 18, 2015, the Defendant entered into a lease agreement with the Seoul Housing and Urban Corporation on March 18, 2015 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), setting the expiration date of the lease as March 31, 2017 (hereinafter “instant lease agreement”), and paid a deposit to the Seoul Housing and Urban Corporation around that time, and occupied and used the instant real estate upon delivery.

B. On March 23, 2015, the Plaintiff obtained a deposit loan of KRW 90,00,00 from the Teaching Life Co., Ltd. (hereinafter referred to as “School Life”) and entered into a contract to establish a pledge agreement with a maximum amount of security at KRW 9,512,00 regarding the claim for return of deposit under the instant lease agreement as security (hereinafter referred to as “instant pledge agreement”), and notified the Seoul Housing Corporation of the fact of the pledge.

C. On March 23, 2015, the Plaintiff entered into a personal financial and credit insurance contract with the Defendant, setting the insurance period as from March 27, 2015 to March 31, 2017.

(3) If the Plaintiff paid insurance money to the insured at that time, the Defendant agreed to compensate the Plaintiff for damages for delay at the interest rate set by the Plaintiff from the day following the payment date of the insurance money, and the interest rate determined by the Plaintiff is 6% per annum from the day following the payment date of the insurance money to 30% per annum, 9% per annum from the day following the payment date of the insurance

Upon the Defendant’s delinquency in paying the principal and interest of the teaching life, the Plaintiff paid insurance proceeds of KRW 93,683,786 to the teaching life on December 29, 2016, upon the Plaintiff’s demand for payment of the insurance proceeds of the teaching life, and received the instant pledge from the teaching life on January 9, 2017, and notified the assignment of the principal and interest of the teaching life to the Seoul Housing Corporation on January 10, 2017, and the said notification reached the Seoul Housing Corporation on January 22, 2017.

[Grounds for recognition] The statements, arguments, and evidence Nos. 2, 3, 4, 5, 7, and 8 are stated.

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