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(영문) 서울중앙지방법원 2018.01.31 2017가단5130820

보험금

Text

1. The Defendant: (a) KRW 54,325,324 to the Plaintiff and KRW 6% per annum from July 28, 2016 to July 11, 2017.

Reasons

1. Basic facts

A. On May 30, 2012, the Plaintiff concluded a consignment agency contract with A (hereinafter “instant agency contract”) as a company engaging in the business of selling wire and wireless devices for telecommunications and providing telecommunications services.

The main contents of the instant agency contract are as follows: A operates an entrusted agency with the trade name of "B", and receives fees on behalf of the Plaintiff, such as business of dealing with the Plaintiff's purchase of goods and services and receipt of fees, while purchasing and selling telecommunications terminal devices, etc. from the Plaintiff, and if A fails to pay the price of goods, etc. within the deadline determined by the Plaintiff, A shall pay to the Plaintiff an amount calculated at the rate of 7.3% per annum for the number of delayed days, and the initial term of validity of the contract shall be one year from the date of conclusion, and the contract shall be extended by one year unless one of the parties notifies in writing that he/she would not extend the contract term by one month before the expiration

B. At the time of the conclusion of the instant agency contract, A entered into a guarantee insurance contract with the Defendant for the principal’s contractual obligations (hereinafter “instant insurance contract”), and provided the Plaintiff with the insurance policy. On May 2014, the insurance period expired, following the renewal of the instant agency contract and the re-issuance of the instant insurance policy with the Plaintiff. The major contents of the insurance policy issued around May 2014 are as follows.

Insurance policyholder: The insured amount covered by the Plaintiff: the insurance period of KRW 120,000: from June 1, 2014 to May 31, 2016: Liability for damages under an agency contract of a mobile communications business operator and the special clause on the guarantee of payment for credit goods of prepaid and wireless communications products: Liability arising under an agency contract of a mobile communications business operator and liabilities that arrive within 90 days from the following day after the expiration of the insurance period, shall also be guaranteed within the insurance amount of the securities, and the insurance contract of the old securities shall be extinguished.