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(영문) 서울중앙지방법원 2016.09.29 2016가단5035164

보험금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. From June 25, 2012, the Plaintiff entered into a multilateral insurance contract (hereinafter “instant insurance contract”) that guarantees part of the property damage due to non-collection of sales claims with the Defendant each year. From June 26, 2014 to June 25, 2015, the Plaintiff entered into a sales claim insurance contract with the Defendant (hereinafter “instant insurance contract”). From June 26, 2014, the insurance coverage period of June 26, 2014 to June 25, 2015; the KRW 9,34,000,000; the insurance premium rate of 0.193%; the insurance premium rate of 18,033,920 won; and the sales claim insurance contract with the Defendant’s insurance coverage period of June 26, 2015 to June 25, 2016; the insurance premium rate of 5,101,000,040,050,075.

B. The coverage of the instant insurance is the smaller amount between the amount calculated by multiplying the actual amount of damage by the indemnity rate (80%) and the amount insured by each purchaser.

C. The relevant provisions of the insurance terms of this case are as follows.

Article 7 (Calculation and Payment of Insurance Premium) (1) Insurance premium shall be the amount calculated by applying the new insurance premium rate prescribed by the new insurance premium rate according to the insured, the purchaser's credit rating, etc.

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. An insured incident which becomes the ground for requesting the payment of insurance proceeds under Article 11 (Insurance Accidents) when the service is provided to a buyer shall be any of the following cases:

1. to 3. omitted;

4. When it falls under any of the following items with respect to sales claims of a policyholder:

(a) The credit sales: When the buyer fails to pay the credit sales within the period computed by adding two months to the settlement period indicated in the insurance policy, counting from the first day of the month following the date the relevant credit sales occur;

(b) A bill issued by a person other than a buyer: The buyer or the buyer shall be within two months from the time the relevant bill is refused to pay;