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(영문) 서울중앙지방법원 2016.08.26 2016가단5032882
양수금
Text

1. The Plaintiff:

A. As to KRW 54,542,180 among Defendant A and KRW 48,786,152 among them, Defendant A shall be from January 22, 2016 to June 16, 2016.

Reasons

1. The following facts are established as follows. ① The Plaintiff and the Defendant are acknowledged as follows: (a) evidence No. 1, evidence No. 2, evidence No. 3, evidence No. 4, evidence No. 5, evidence No. 6, evidence No. 7, evidence No. 8-1, and evidence No. 8-2; and (b) the whole purport of the pleadings is acknowledged in full view of the whole purport of the pleadings between the Plaintiff and the Defendant, or there is no dispute between the Plaintiff and the Defendant; (c) evidence No. 1, No. 2, evidence No. 3, evidence No. 4, evidence No. 5, evidence No. 6, evidence No. 7, evidence No. 8-1, and 2.

On September 11, 2012, Defendant A entered into a loan transaction agreement of KRW 46,500,000 (limited to loans) with the Korea Exchange Bank Co., Ltd. (hereinafter “Korea Exchange Bank”) on September 1, 2015.

B. In order to secure the above loan obligation, on September 11, 2012, when one bank received insurance money from the Plaintiff, Defendant A entered into a personal financial credit insurance contract (hereinafter “instant insurance contract”) with the content that Defendant A would immediately pay the corresponding amount of insurance money to the Plaintiff as legal subrogation, and if delay is made, Defendant A would pay the insurance money in addition to delay damages from the day following the payment date until the full payment date.

C. In order to secure the above loan obligation, on September 11, 2012, Defendant A and the Han Bank entered into a contract on the pledge of a claim (hereinafter “instant pledge agreement”) with the effect that the lease deposit amounting to KRW 80,000,000, owned by the lessor against the Defendant B, as a lessee with respect to the C Apartment 402 Dong 1403, Siung-si, and that the lease deposit amounting to KRW 60,450,00, is the collateral.

When Defendant A did not pay the above loan to Han Bank, Han Bank claimed the Plaintiff to pay the insurance money in accordance with the insurance contract of this case, and the Plaintiff on January 30, 2015.

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