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1. The Defendant’s KRW 91,068,912 as well as the Plaintiff’s KRW 6% per annum from August 17, 2016 to November 8, 2016.
Reasons
1. Basic facts
A. (1) The Plaintiff entered into a sales bond insurance contract with the Defendant, with the following content: (a) the Plaintiff fulfilled its obligation, such as providing goods or services to a buyer in relation to commercial transactions and acquiring sales claims in return, but the buyer did not pay the price for the goods; and (b) the Plaintiff incurred property damage therefrom.
(1) The date of a contract for the first insurance (name: Dave Insurance: The insurance period on May 28, 2014: From May 28, 2014 to May 27, 2015 (hereinafter “instant insurance contract”): the insurance period on June 30, 2015: the insurance period from June 30 to June 29, 2016: The amount calculated by multiplying the actual amount of damage by the indemnity rate (80%) or by the purchaser’s ethyl ethyl (hereinafter “Maethylethyl”) whichever is smaller: 10 million won of the insurance amount and the settlement period of sales claims (hereinafter “instant insurance contract”) which is applicable to the instant insurance contract (hereinafter “instant insurance contract”):
Article 9 (Formation and Appropriation of Sales Claims) (1) The sales claims shall be deemed to have occurred in any of the following cases:
1. When the goods are delivered to a buyer. (2) The cash, bill, etc. received by the policyholder as the settlement amount of sales claims shall be deemed appropriated in sequence in the order of accrual of sales claims under paragraph (1) between the new obligor and the policyholder;
Article 11 (Insurance Accidents) An insured incident which becomes the ground for requesting the payment of insurance proceeds shall be any of the following cases:
3. Where a buyer files an application for commencement of rehabilitation proceedings, bankruptcy proceedings, or individual rehabilitation vehicle under the Debtor Rehabilitation and Bankruptcy Act;
4. Where it falls under any of the following items with respect to the claims sold by the plaintiff:
(a) Account receivable: The month following the date the relevant credit account receivable occurs;