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(영문) 서울중앙지방법원 2020.09.25 2018가단5181979
보험금
Text

1. Defendant B Co., Ltd.: KRW 192,50,000 for the Plaintiff and KRW 15% per annum from September 4, 2018 to May 31, 2019.

Reasons

1. Basic facts

A. The Plaintiff entered into an agreement with Defendant B on the operation of personal financial and credit insurance (hereinafter “instant agreement”) with the following terms in order to secure the damages incurred by the obligor’s nonperformance of a loan on a deposit basis.

No. 1 (Principles of Convention) The term "financial institution" shall subscribe to the term "B" in order to secure the obligation of an agreement on loan transactions of leased funds (hereinafter referred to as "principal agreement") meeting the terms and conditions set forth in this Convention, and the term "B" shall be liable for damages suffered by the term "financial institution" due to the failure of the person to whom the loan was granted under the principal agreement (hereinafter referred to as "debtor") to perform the obligation set forth in the principal agreement and for compensation as prescribed in this Convention.

Article 2 (Terms and Conditions of Loan) (2) In order to guarantee losses caused by forgery, fraud, etc., lease contract, loan for lease, or other defects in rights, a financial institution shall subscribe to a non-life insurer's right insurance.

Article 3 (Scope of Compensation for Damages) “B” shall compensate for damages suffered by “financial institutions” as provided for in Article 20 (Payment of Insurance Money) of this Convention among damages suffered by “financial institutions” due to the failure of “debtor” to perform the obligations provided for in the main contract.

Article 9 (Amount of Insurance Coverage) The amount of insurance coverage shall not exceed 110% of the amount of loans.

Article 10 (Period of Insurance) (1) The period of insurance shall be the period of loans specified in the principal contract.

Article 15 (Insurance Accidents) (1) Insurance accidents shall be cases where any of the following events occurs during the insurance period:

1. When the “debtor” has failed to pay the principal and interest by the due date specified in the principal agreement;

3. When “debtor” fails to pay on the date of the loan provided for in the principal contract (payment of insurance proceeds) ① Insurance proceeds paid by “B” to “financial institutions” are provided for in Article 9 of this Convention.

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