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(영문) 서울고등법원 2018.09.19 2018나2021249

보험금

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, and this case is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, except for the following modifications.

[Revision] The part of the first instance court's decision "the defendant's" in the first instance court's 9th judgment is regarded as "the plaintiff's".

Part XIII of the decision of the first instance court shall add the following:

Even if each of the instant goods supply contracts does not constitute a false declaration of agreement, as seen earlier, insofar as the substance of the transaction, which was scheduled by the respective goods supply contract, is a monetary loan transaction rather than a goods supply transaction, the transaction in the future was bound to be the obligation to refund the loan and the outstanding amount incurred in the future. Furthermore, the nonperformance of such obligation can only constitute the nonperformance of the obligation to refund the borrowed amount, and the occurrence of each of the instant guaranteed insurance contracts (the insurance policy and the insurance clause) are specified in the insurance policy.

) There was no room for falling under the “non-performance of obligation to pay foreign goods.” In light of this, each of the instant guarantee insurance contracts is null and void as it falls under the case where the occurrence of an insurance accident is not possible at the time of its establishment (the stated certificate No. 26 does not interfere with spring as above). Even if not, in order for the Plaintiff’s insurance claim under each of the instant guarantee insurance contracts to be duly established, the insured event under each of the instant guarantee insurance contracts should actually occur, and as seen earlier, there was no actual occurrence of an insurance accident, i.e., “non-performance of obligation to pay foreign goods.”

2. In conclusion, the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.