손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff’s issuance of merchandise coupons and the Defendant’s payment guarantee 1) The Plaintiff is a foundation established for the purpose of manufacturing merchandise coupons and wholesale and retail business, etc. on August 19, 2005, which is an incorporated foundation affiliated with the Ministry of Culture and Tourism, and the Korea Game Industry Development Institute ("Korea Game Industry Development Institute"; hereinafter
(2) The holder of the said merchandise coupon was designated as the issuer of “voluntary Sharing Cultural Products” selected as merchandise coupons from the gift certificates. (2) The holder of the said merchandise coupon may use the merchandise coupon as cash at the stores contracted with the Plaintiff, and the member store that received the said merchandise coupon claims the Plaintiff. In order to secure the above merchandise coupon repayment obligation, the Plaintiff entered into a merchandise coupon guarantee agreement with the Defendant on April 6, 2006 (hereinafter “instant guarantee insurance agreement”) with respect to merchandise coupons issued between April 10, 2006 and April 9, 2007, where the Plaintiff is unable to pay the merchandise coupon repayment within five years from the date of issuance, the Defendant shall be liable to pay to the Plaintiff within the limit of 300,000 won per merchandise coupon holder.
The main contents of the instant guarantee insurance agreement are as follows.
Article 7.(Matters to be Stated in Guarantee of Gift Certificates)
1. This gift certificate is concluded with the defendant with a payment guarantee contract.
Provided, That merchandise coupons possessed by merchandise coupon distributors, game providing establishments, and franchise stores are not subject to payment guarantee.
2. He/she shall be compensated within the limit of KRW 300,000 per merchandise coupon holder in proportion to the amount guaranteed on the total outstanding merchandise coupons when an insured incident occurs;
3. A claim for insurance proceeds shall be made within the period of report on claims publicly announced to the examination upon occurrence of an insured incident.
I (the plaintiff refers to the plaintiff; hereinafter referred to as the "Plaintiff") shall state on the face of a merchandise coupon the words of guarantee and the methods of executing rights as follows:
Article 16. Occurrence of insurance accidents.