beta
Text
1. The Defendant’s KRW 45,00,000 and the Plaintiff’s annual rate of KRW 5% from December 5, 2017 to May 24, 2018.
Reasons
1. Basic facts
A. On December 20, 2013, the Korea Land and Housing Corporation (hereinafter “Corporation”) established and leased one story D from the Defendant during the period from January 3, 2014 to January 2, 2016, among multi-household housing located in Chuncheon City and two parcels of land, the lease deposit was KRW 45 million, and the period from January 3, 2014 to January 2, 2016.
(hereinafter “instant lease”). B.
The Corporation entered into a credit insurance contract for rental housing (hereinafter “instant insurance contract”) with the Plaintiff and the purchase amount of insurance as KRW 45 million in order to secure the damages that the Defendant would incur due to the Defendant’s failure to refund the lease deposit.
C. The Defendant breached the duty to return the lease deposit to the Corporation, and the Plaintiff paid the Corporation KRW 45 million as the insurance proceeds on December 4, 2017.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 6 (including branch numbers), and the purport of the whole pleadings
2. According to the above facts of determination as to the cause of claim, the Plaintiff may claim the amount equivalent to the above insurance money on behalf of the Defendant on behalf of the insured under Article 682 of the Commercial Act. As such, the Defendant is obligated to pay to the Plaintiff damages for delay at each rate of 5% per annum prescribed by the Civil Act from December 5, 2017, the day following the payment date of the above insurance money, to May 24, 2018, the delivery date of the original copy of the instant payment order, from December 5, 2017, and from May 24, 2018, the next day to the day of full payment.
3. The defendant's assertion argues that since the tenant's lease contract was terminated without complying with the lease term, and the tenant failed to pay public charges during the lease term, the plaintiff's exercise of the right to indemnity due to the payment of the insurance
However, there is no evidence to acknowledge this, and the defendant's above assertion is without merit.
4. The plaintiff's claim for conclusion is accepted on the ground of the reasons.