보험사고미발생확인청구의 소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On September 25, 2012, the Plaintiff entered into a contract with the Defendant to provide textile smoke and household goods, and the Plaintiff to pay the price within 30 days from the date of receipt of the goods.
B. On November 29, 2012, the Plaintiff and the Seoul Guarantee Insurance Co., Ltd. concluded a performance guarantee insurance contract between the Defendant, the insured, the insurance amount of KRW 30 million, and the guarantee period from November 29, 2012 to September 24, 2015, in order to guarantee the Defendant’s credit goods payment obligation.
[Reasons for Recognition] Documents Nos. 1, 2, and 3
2. The assertion and judgment
A. The Plaintiff asserted that the Plaintiff requested the Defendant to return and provide the amount of defective goods equivalent to KRW 14,798,108 pursuant to Article 7 of the transaction agreement, but rejected the request. Rather, the Defendant demanded the Plaintiff to pay the amount of KRW 11,185,248 for the amount of goods on May 10, 2017 and demanded the Seoul Guarantee Insurance Co., Ltd. to pay the insurance money. If the insurance money is paid, the Plaintiff would be entitled to the claim for reimbursement, and if it is obvious that the Plaintiff would have suffered enormous damages upon receiving various financial sanctions. Accordingly, the Plaintiff’s refusal to pay the said amount of KRW 11,185,248 is sought to confirm that there was no insurance accident.
B. The Plaintiff’s assertion of apprehension or risk is ultimately concern about the occurrence of the Plaintiff’s liability for indemnity against Seoul Guarantee Insurance Co., Ltd., and thus seeking confirmation that the Defendant, who cannot be the obligee of indemnity, did not cause an insurance accident, cannot be deemed to have been against the person who might cause unstable risk in the legal status of the Plaintiff.
3. In conclusion, the plaintiff's lawsuit of this case is dismissed as it is against a person who is not qualified as the defendant, or as it is illegal as there is no interest in confirmation.