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(영문) 서울중앙지방법원 2017.09.14 2017나1508
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

(a) The following facts of recognition do not conflict between the parties, or may be admitted by comprehensively taking account of the overall purport of the pleadings in each entry in Gap evidence 1 to 6, Gap evidence 8, and 9:

(1) On June 27, 2012, the Plaintiff entered into the instant insurance contract and guarantee contract (hereinafter “instant insurance”) with the following content on its website:

) Confirmation of subscription and partial joint and several guarantee amount (hereinafter “instant guarantee”).

Upon receipt of the electronic document in each of the above electronic documents received the electronic document. The electronic document was signed by B and the defendant with the electronic certified certificate (the content of the insurance for performance (sale of Goods) * the name of the policyholder: B * the name of the policyholder (the name of the representative): B * the name of the insured (the name of the representative): D* the amount of insurance for guarantee insurance: 15,00,000 (sale of Goods): the insurance period of KRW 15,00: the amount of insurance for performance (sale of Goods): the insurance period of KRW 15,00: 20/6/27-20, 200: the special terms and conditions of guarantee for payment of price of credit goods: the special terms and conditions of guarantee for payment of price of credit: The obligation incurred before the commencement of the insurance period does not guarantee the insurance period; Article 3 [Compensation and Costs of Expenses)].

(1) When a company pays insurance proceeds to the insured, it and the surety shall immediately pay the insurance proceeds to the insured, and if delayed, it shall pay the amount by adding 6% per annum to delay damages (6% per annum from November 201 to 30 days from the date following the payment of insurance proceeds, 9% per annum from the next day to the 90 days, and 15% per annum from the next day to the date of full payment.

(2) The damages for delay referred to in paragraph (1) shall be deemed one year and 365 days from the day following the date of payment of insurance proceeds until the date of full payment, and shall be calculated and announced by the company on a daily basis.

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