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(영문) 서울중앙지방법원 2017.04.05 2016나31700
구상금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. The National Agricultural Cooperative Federation (hereinafter “CF”) entered into an agreement on the management of credit and insurance (hereinafter “the instant agreement”) with the Plaintiff around June 2005, around June 1, 2005 between the National Agricultural Cooperative Federation and the Plaintiff. The main contents of the agreement are “(i) where the NAF entered into a loan transaction agreement with the Plaintiff on the condition of the establishment of real estate collateral security (hereinafter “the instant agreement”), thereby compensating the Plaintiff for losses incurred by the NAF due to the failure to perform the loan obligation, and (ii) the NAF transferred the Plaintiff’s right to receive insurance proceeds without a separate contract on the transfer or acquisition of bonds.”

Accordingly, the Korean Federation can claim insurance money against the plaintiff to the extent of the loss in the event that the insurance accident occurred, such as non-performance of the loan obligation, and the security right on the secured real estate is exercised, and there is a loss after receiving dividends from the court.

B. The Defendant’s loan and mother-based credit insurance contract 1) The Defendant’s loan with the maturity of 335 million won at a ten-year grace period from the Nonghyup Federation on September 30, 201 (hereinafter “instant loan”) (hereinafter “instant loan”)

(2) In addition to the establishment of a collateral security in which the maximum amount of debt is KRW 42 million with respect to No. 417, 1503, 1503, U.S., Seoyang-gu, Busan-si, as collateral, the insurance period is KRW 32,60,000 (hereinafter “the instant credit insurance contract”) from September 30, 201 to September 30, 201; and

(2) According to the instant credit insurance contract, when the Plaintiff pays the insurance money under the said insurance contract, the Defendant shall have the right to the Defendant of the NACF.

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