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1. The Defendant’s KRW 50,000,00 and the Plaintiff’s annual interest thereon from May 3, 2014 to October 14, 2014, and the following.
Reasons
1. Basic facts
A. The Plaintiff entered into an agency contract with B, which is a trade name, with the following main contents, and supplied B with consumer products.
Article 13 (Payment (1) B shall, in principle, pay the price of the goods in cash by the last business day of the month when the plaintiff's goods are supplied.
Provided, That where the last business day is a public holiday, it may be paid by the first business day of the following month.
(2) Where B delivers promissory notes or any other means of settlement identical thereto to the Plaintiff, they shall be delivered by the fourth day of the following month from the month of supply of goods as of the business day.
In this case, where B delivers a promissory note to the Plaintiff, it shall be treated as having been received for securing payment, and the settlement of the price shall not be recognized until the actual payment is completed.
B. On July 13, 2011, the Defendant concluded a guarantee insurance contract with the following major contents to guarantee the payment of goods to the Plaintiff.
(hereinafter referred to as “instant insurance contract”). The insured: The insurance period of KRW 50,000,000 for the Plaintiff’s purchase of insurance: the insurance period of KRW 50,000: from July 5, 201 to July 4, 2012: A guarantee clause: A guarantee clause for credit goods payment guarantee clause: A guarantee is provided within the limit of the insurance amount of this security; any obligation arising under the old securities C and any obligation that arrives within 90 days from the day following the date on which the insurance period ends; and the insurance liability of the old securities was incurred prior to the commencement of the insurance period of the extinction: 170,531,00 won;
C. The main contents of the general terms and conditions that apply the instant insurance contract are as follows.
Article 1 (Compensation for Damages) The defendant shall set aside the damages sustained by the insured who is the obligee, due to the failure of the policyholder, as the obligor, to perform the obligation for the payment of the price stipulated in the contract stated in the insurance policy (limited to the obligation within the insurance period) and the matters stated in the insurance policy and in accordance with the terms
Article 4 (Claims for Insurance Money)