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(영문) 제주지방법원 2016.11.29 2016가단50305
구상금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 71,00,000 and the interest rate thereon from December 9, 2015 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a guarantee insurance company dealing with franchise business, and the Defendants were married at the time of concluding a guarantee insurance contract as seen below, and they were divorced thereafter.

B. On April 30, 2012, Defendant A entered into a franchise business guarantee insurance contract with the Plaintiff on April 30, 2012 (hereinafter “instant contract”). When entering into the said contract, Defendant A signed a franchise business guarantee insurance contract with the Plaintiff (hereinafter “instant contract”). Defendant B’s digital signature on KRW 7,000,000, and KRW 64,000,000, based on Defendant B’s authorized certificate.

C. Since then, Defendant A had an insurance accident while running the franchise store business, the Plaintiff paid the insurance proceeds of KRW 71 million in total with KRW 64 million on December 8, 2015 for Defendant A, and the overdue interest rate at the time of the payment of the insurance proceeds is 15% per annum.

On the other hand, the defendant A has no authority to do so.

On August 18, 2015, Jeju District Court issued a summary order of KRW 1,00,000 as a fine for negligence of August 18, 2015, on the charge that the electronic records in the name of Defendant B were forged as stated in the paragraph, and the above summary order was finalized.

[Grounds for Recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 (including each number), the purport of the whole pleadings

2. As to the plaintiff's assertion against the defendants claiming the amount of KRW 71 million by subrogation and damages for delay, the defendant B did not bear the liability for indemnity against the plaintiff since it had not been jointly and severally guaranteed with respect to the contract of this case.

3. Determination

A. Article 7(2)2 of the Framework Act on Electronic Documents and Transactions (hereinafter “Electronic Document Act”) is sent by a person who has a reasonable ground to believe that the received electronic document was based on the will of the originator or his/her agent by virtue of the relationship with the originator or his/her agent.

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