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(영문) 서울중앙지방법원 2014.12.12 2013가단58888
구상금
Text

1. The plaintiff

A. Defendant A: (a) KRW 22,046,956 and KRW 21,620,471 out of the said money; (b) from February 19, 2013 to April 5, 2013.

Reasons

1. Determination as to the claim against the defendant B

A. (1) On May 21, 2012, on the Plaintiff’s Internet site, there was an application for subscription under the electronic document of guarantee insurance to guarantee the payment of credit goods to Defendant A’s non-party company (sale of goods) from April 4, 2012 to April 3, 2013, and the electronic document was each electronic signature by Defendant A and Defendant B’s authorized certificate, and the Plaintiff accepted the above subscription on the same day.

(2) On October 22, 2012, the Plaintiff and Defendant A filed a claim for insurance money upon notifying the Plaintiff of the occurrence of an insured incident, and on November 20, 2012, the Plaintiff paid KRW 21,620,471 of the insurance money to Nonparty Company, based on the instant guarantee insurance contract, on November 20, 2012.

(3) The agreed interest rate on delay under the instant guarantee insurance contract is 6% per annum until the 30th day from the day following the date of payment of insurance money, 9% per annum from the 31st to the 60th day, and 15% per annum thereafter.

Meanwhile, damages for delay until February 18, 2013 due to the payment of indemnity is KRW 426,485.

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

나. 관계법령 ◆ 전자금융거래법(2013. 5. 22. 법률 제11814호로 일부 개정되기 전의 것, 이하 ‘구 전자금융거래법’이라 한다) 제2조(정의) 이 법에서 사용하는 용어의 정의는 다음과 같다.

1. The term "electronic financial transaction" means any financial company or electronic financial business entity through electronic apparatus;

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