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1. The Plaintiff shall pay to the Defendant the insurance accident related to the attached performance guarantee insurance policy.
Reasons
1. Basic facts
A. The Defendant is a company that manufactures and sells sports supplies, and the Plaintiff entered into a transaction agreement with the Defendant (hereinafter “instant contract”) around May 2014, and the Plaintiff worked at the store on the fourth floor of the Seongdong-gu Seoul Metropolitan Government Building B (hereinafter “C”) operated by the Defendant from June 2, 2014 to January 19, 2015.
Among the instant contracts, the so-called articles related to the loss of goods (LOSS) are as follows.
Article 11 (Observance of Business Policies)
5. “A” may conduct inventory inspections of the operating stores of “B” (Plaintiffs) on a regular and irregular basis, and B shall comply with it in good faith, and recognition of shortage in stock and damage to goods as inventory LOSS, and subparagraph B shall immediately be deducted from payment or sales commission in cash in accordance with the criteria computed by A.
6. The inventory LOSS computed by Gap shall be the selling price at the time of inventory inspection;
8. Eul shall actively respond to the inventory inspection or provision of data conducted periodically or non-regularly by Gap, and shall compensate Gap for any loss of goods immediately after the inventory inspection.
(B) If the sales commission is not paid by this, A may be paid after the deduction, and B may not make a counterclaim against this.
B. In relation to the implementation of the instant contract, the Plaintiff concluded the Seoul Guarantee Insurance Co., Ltd. and the Defendant, the Defendant, the insurance amount of KRW 5 million, the insurance amount of KRW 5 million from June 2, 2014 to June 1, 2015, and the performance (payment) guarantee under the consignment contract with the content of the guarantee. On April 16, 2015, the Defendant claimed the Seoul Guarantee Insurance Co., Ltd. for the payment of KRW 5 million insurance money on the ground of the Plaintiff’s nonperformance. On June 18, 2015, the Seoul Guarantee Insurance Co., Ltd. confirmed that the amount equivalent to the Defendant’s LOSS portion of the Defendant’s goods was KRW 6,159,800 and the damage subject to the guarantee was confirmed.