(영문) 서울남부지방법원 2016.06.09 2016나50387

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(영문) 서울남부지방법원 2016.06.09 2016나50387

보험금

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. In around 2013, the Plaintiff entered into an agreement on the business of the right insurance for loan for the entire loan (hereinafter “instant agreement”) with the Defendant to secure risks (such as defects in real estate rights) that may arise in the course of lending the entire loan for real estate rent to the consumers, and the main contents thereof are as follows.

Article 3 (Definitions of Terms) The definitions of terms used in this Convention shall be as follows:

1. The term “real estate lease right insurance” means a non-life insurance with the content that the Defendant compensates the Plaintiff for any loss incurred to the Plaintiff, as the Plaintiff is unable to obtain full title or interfered with the exercise of title due to a legal defect in the lease agreement, a hidden right or burden prior to the lease, or a defect in the right investigation;

Article 7 (Scope of Damage Compensation) The extent of the damage the Defendant compensates for to the Plaintiff is as follows:

(1) The maximum compensation limit by case shall be 110% of the amount of loan, and the amount of actual damage, such as the principal of loan, interest (including interest in arrears), and expenses incurred in legal measures, such as compulsory execution, etc., shall be compensated for within the limit of 110% of the amount of loan.

(2) On the other hand, the Plaintiff entered into a business agreement on the management of personal financial and credit insurance in order to secure a consumer’s obligation under a loan transaction agreement with the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance”), and the main contents are as follows.

Article 3 (Scope of Damage Compensation) The Seoul Guarantee Insurance Co., Ltd. shall compensate the damage suffered by the plaintiff as provided for in Article 20 of this Convention among the damages suffered by the plaintiff due to the debtor's failure to perform the obligation stipulated in the principal contract.

Article 9 (Amount of Insurance Coverage) The amount of insurance coverage shall be the amount of loans.

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