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(영문) 서울중앙지방법원 2016.04.21 2015가단5293345
보험금
Text

1. The plaintiff's claim against the defendant Seoul Guarantee Insurance Co., Ltd. is dismissed.

2. Defendant Eastern Fire, Marine Insurance.

Reasons

1. Facts of recognition;

A. A. Around June 2013, the Plaintiff entered into a personal financial and credit insurance agreement with Defendant 1 company (hereinafter “Credit Insurance Agreement”) (hereinafter “Credit Insurance Agreement”), and the key contents thereof are as follows.

Article 2 (2) Subscription to a Right Insurance: The plaintiff shall subscribe to a Right Insurance for Examinationors in order to guarantee loss caused by forgery, fraud, etc., lease contract, loan for rent, or any other defect in the right.

Article 3 (Scope of Damages Accruing to Compensation) Defendant 1 Company shall ensure that “debtor” suffers the Plaintiff’s loss as provided for in Article 20 of this Convention, among the damages suffered by the Plaintiff due to his/her failure to perform the obligation stipulated in the principal agreement.

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

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

(1) When a debtor fails to pay the principal and interest by the due date set forth in a principal contract. <2> When the debtor has lost the benefit of time pursuant to the basic terms and conditions of credit transactions under the principal contract. <3> In cases falling under any of the following subparagraphs when the debtor has failed to pay the principal and interest by the due date for the loan provided for in the principal contract, the defendant company shall not compensate the plaintiff for the damage incurred to the principal contract subscribed to "personal financing":

(2) A loss or damage incurred in connection with the following:

1. Where a lease contract or loan transaction agreement by forgery, fraud or duress is processed or forged;

B. On June 19, 2013, the Plaintiff entered into an agreement on the right insurance between the Plaintiff and Defendant 2, and on June 19, 2013, the Plaintiff entered into an agreement on the right insurance for lease loan (hereinafter “Rights Insurance Agreement”) with Defendant 2, and the main contents are as follows.

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