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(영문) 서울중앙지방법원 2017.01.26 2016가합540507
보험금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

(a) The original defendant is a company with the objective of insurance business as far as possible in accordance with the Insurance Business Act and the relevant laws and regulations;

B. On January 31, 2013, the Plaintiff entered into the instant business agreement and subscribed to a right insurance policy (hereinafter “instant business agreement”) with the Defendant and the Plaintiff on January 31, 2013.

(1) The Plaintiff (hereinafter referred to as “loaning institution”) has entered into a contract, and the principal contents thereof are as follows:

) The Defendant and the Defendant (hereinafter referred to as the “Insurer”)

(3) In order for a lending institution to control risks (such as defects in real estate rights) that may arise in the course of lending money on a deposit basis, the Insurance Company’s Insurance on a deposit basis (hereinafter referred to as the “Insurance”) or the “Rights Insurance”.

In subscribing to the Agreement, the following shall be entered into: (i)The purpose of this Convention is to clarify the rights and obligations between the parties when the lending institution purchases insurance on the part of the Insurers, and to enable the lending institution to smoothly carry out the operation of the entire loan of real estate.

1. The term "right insurance for loan of a deposit amount" means a non-life insurance with the content that an insurer compensates for damage to a lending institution, in case where the lending institution is unable to obtain a full title or interfered with the exercise of its title due to a legal defect in a lease agreement, a hidden right or burden prior to the lease, or a defect in a right investigation;

Article 5 (Scope of Loss Compensation) The scope of damages covered by an insurance company to a lending institution shall be as follows:

(1) Damage caused by a lease by forgery, fraud, or duress.

3. Where a lease contract is processed or forged.

4.Other cases determined by the court, the Board of Audit and Inspection, or the supervisory agency as a lease agreement or a loan transaction agreement by forgery, fraud or coercion. Article 6 (Confirmation of Limit of Compensation) 1.

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