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(영문) 서울중앙지방법원 2013.07.19 2012가합75029
보험금
Text

1. As to the Plaintiff’s KRW 38,662,105,493 and its KRW 19,362,945,808 among them, the Defendant shall start on March 15, 2012, and start on March 19, 299,159.

Reasons

1. The following facts are not in dispute between the parties, or the following facts can be acknowledged in full view of the statements in Gap evidence 1-1-2 (each export guarantee insurance policy, each export guarantee insurance policy, each notice of the accident of each export guarantee insurance), evidence 1-2 (each export guarantee insurance policy, each notice of the accident of each export guarantee insurance), evidence 3-1-2 (each export guarantee insurance claim), evidence 4-1-2 (each export guarantee insurance claim), evidence 5-1-2 (the notice of partial refusal of payment), evidence 5-3 (the notice of additional payment of the export guarantee insurance premium for each export guarantee insurance accident), evidence 27 (the notice of additional payment of the damage guarantee insurance for each export guarantee insurance premium), and evidence 27 (the details of advance payment of the SSS ship) of each argument. A. On May 31, 2011, the trade name was changed to "new SSSB Co., Ltd.", which entered into a shipbuilding contract.

Before and after the change of a trade name below, "SSS steering vessel" in total.

Section 1) The term "contract Date" in Schedule 1 is referred to as "UACC", at the time and time set forth below, as the term "UACC", in the United States Armed Forces U.S. S. S. LACC (hereinafter referred to as "UACC").

) In addition, SSSS vessel: each vessel indicated in the column “ship” as indicated below [Attachment 1] (hereinafter “each vessel of this case”).

1) The contract for shipbuilding to be delivered to UACC (hereinafter referred to as “each of the instant shipbuilding contracts”).

(B) Around November 28, 2008, the Plaintiff entered into an advance refund guarantee contract and a collateral guarantee contract with the SSSS vessel and the Plaintiff enter into an advance refund guarantee contract with the terms that guarantee the obligation to refund advance that the SSS vessel bears to UACC in relation to each shipbuilding contract of the instant case, and the refund guarantee contract with the UACC as the beneficiary (RG; hereinafter “RG”), and the RG issued in relation to each shipbuilding contract of the instant case as the beneficiary.

(C) The Plaintiff issued an export guarantee insurance contract. (C) On November 28, 2008, the Plaintiff incurred a loss due to the Defendant’s and the Plaintiff’s performance of the guaranteed obligation upon receiving a claim for the performance of the guaranteed obligation under the instant RG from UACC.

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