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(영문) 서울중앙지방법원 2016.07.08 2016나8359

보험금

Text

1. Revocation of a judgment of the first instance;

2. The Defendant: (a) KRW 31,964,382 on the Plaintiff and its related thereto from February 4, 2015 to December 2, 2015.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff entered into an insurance contract with the Defendant on April 23, 2014, and the period of insurance from April 24, 2014 to April 23, 2015; KRW 4,028,000,000, and buyer’s postal special company (hereinafter “purchase subsidiaries”).

(3) In light of the aforementioned legal principles, each of the following items is deemed to be an insurance contract: (a) an insurance policyholder provides goods or services to a buyer entered in the insurance policy; and (b) compensates a part of the property damage incurred due to nonperformance of the sales claim acquired in return for the provision of goods or services as insurance proceeds; and (c) insurance proceeds are determined at the lower amount between an amount calculated by applying the indemnity rate of 80%

(2) Of them, the purchase and sale claims for the buyer company are KRW 178,00,00,000, the purchase and sale claims amounting to KRW 80,000,000. 2) The purchase and sale claims amounting to KRW 178,00,00,00.

The main contents of Article 2 (Definitions of Terms) are as follows:

4. The term "sales bond" means the principal of each credit account receivable and bill received in return for providing goods or services to a buyer in connection with commercial transactions;

5. The term "bills to receive" means notes which meet the requirements of Article 75 of the Bills of Exchange and Promissory Notes Act.

The insured amount for each buyer listed in Article 6 (Amount of Insurance) Insurance Policy refers to the extent that the new successor (referring to the defendant; hereinafter the same shall apply) is liable to the policyholder for insurance.

Article 9 (Formation and Appropriation of Sales Claims) (1) The sales claims shall be deemed to have occurred in any of the following cases:

1. Where the goods are delivered to a buyer. (2) Cash, bills, etc. to be received by a policyholder in the settlement of sales bonds shall be appropriated in sequence in the order of accrual of sales bonds under paragraph (1) between a new policyholder and a new policyholder;

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