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(영문) 서울중앙지방법원 2015.11.18 2015가합502706

보험금

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1. The Defendant’s KRW 725,929,600 as well as 6% per annum from April 20, 2014 to February 2, 2015 to the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. Fact-finding 1) The Plaintiff and the Defendant entered into an agreement on the management of the e-sales claim insurance loan (hereinafter “instant loan”) (hereinafter “instant business agreement”) around 2011 with the Plaintiff and the Defendant around 2011.

The insurance of this case withdrawn by the Defendant refers to “sales bond insurance that compensates for part of the buyer’s insolvency or non-performance of the buyer’s property damage with respect to the sales claim arising from commercial transactions between the policyholder and the buyer,” and the instant loan refers to “a loan that the Plaintiff deals with with the insurance claim of this case as security against the policyholder.”

(B) The structure of the instant insurance and loan is as follows: (1) When a selling company, which is a policyholder, enters into the instant insurance contract with the Defendant, the Plaintiff enters into an agreement with the selling company after acquiring the sales claim to the buyer of the selling company, obtaining a pledge on the insurance claim against the Defendant of the selling company, and acquiring the security for the loan. (2) If the selling company thereafter registers the sales price claim for the goods, etc. provided to the buyer in an electronic form stipulated in the insurance terms and conditions through the information processing system of e-market display, the Plaintiff executes a loan equivalent to the sales claim for the buyer, which the buyer purchased after obtaining confirmation of the sales claim from the buyer. (3) In the event of an insured event, such as default, rehabilitation, bankruptcy, etc., the Plaintiff claims the Defendant as a pledgee. (c) Meanwhile, the part relating to the instant insurance terms and conditions are as follows.

Article 2 (Definitions of Terms)

4. The term "sales bond" means a policyholder;