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(영문) 서울중앙지방법원 2015.05.29 2014가합524105

보험금

Text

1. The plaintiff's main claim is dismissed.

2. The Defendant’s KRW 300,000,000 for the Plaintiff and its related expenses on July 30, 2013.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant: (a) The instant business agreement between the Plaintiff and the Defendant is deemed to be “the instant insurance” around 2011 (hereinafter “instant insurance”).

2) The term “the instant loan” and “e-sale claim insurance loan” (hereinafter referred to as “instant loan”).

) The Convention on the Operation of the Convention (hereinafter referred to as the “instant Work Convention”).

The insurance of this case withdrawn by the Defendant refers to “the Defendant’s sales claim insurance that compensates for part of the buyer’s insolvency or non-performance of a debt incurred in relation to sales claims arising from commercial transactions between the policyholder and the buyer,” and the instant loan refers to “a loan that the Plaintiff handles the insurance claim of this case to the policyholder as security (Article 2 subparag. 2 and No. 3).” (Article 2 subparag. 2 of the Business Agreement). The structure of the instant insurance and loan is as follows.

(1) If a selling enterprise, which is a policyholder, concludes the instant insurance contract with the Defendant, the Plaintiff acquires sales claims against the purchaser of the selling enterprise, acquires a pledge on its insurance claim against the Defendant of the selling enterprise, and then concludes a loan agreement with the selling enterprise after obtaining a security on the loan.

(2) If a selling enterprise registers a claim for the price of goods, etc. incurred by providing goods, etc. to a buyer in an electronic document in the manner prescribed in the insurance terms and conditions through the information processing system of e-market display service, the Plaintiff implements a loan equivalent to the sales claim to the buyer, which he/she purchased

(3) Where an insured event, such as the default, rehabilitation, bankruptcy, etc., occurs in settling sales claims against the plaintiff, the purchaser shall require the plaintiff to claim the insurance proceeds to the defendant as the pledgee.

3) Meanwhile, the part relating to the instant insurance terms and conditions is as follows. Article 2 (Definition of Terms and Conditions)

4. The term "sales bond" means the commercial transaction of a policyholder;