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1. The Defendant Company’s damage insurance amounting to KRW 101,200,000 and its amount from August 26, 2016.
Reasons
1. Basic facts
A. On June 2013, the Defendant Seoul Guarantee entered into a business agreement on the management of personal financial and credit insurance (loan guarantee) with the Plaintiff with the following content.
The Plaintiff subscribed to a personal financial credit insurance for Defendant Seoul Guarantee Insurance Co., Ltd. in order to secure the obligation under the terms and conditions stipulated in this Convention, and the Defendant Seoul Guarantee Insurance Co., Ltd. is liable for damages suffered by the Plaintiff due to the failure of the person who received the loan under the principal contract to perform the obligation under the principal contract (Article 1). In the event of forgery, fraud, or coercion, or a lease or loan transaction agreement, the Defendant Guarantee Insurance Co., Ltd. does not compensate the Plaintiff for the damages incurred by the principal contract subscribed to the personal financial credit insurance (Article 21).
B. In accordance with the above business agreement, Defendant Seoul Guarantee Insurance Co., Ltd. concluded a personal financial credit insurance contract with the Plaintiff around August 23, 2013 with the following content.
The insured; the Plaintiff’s obligor; the amount of insurance coverage A; the insurance coverage period of KRW 101,200,000; the insurance period from August 23, 2013 to August 22, 2015;
C. Around December 2010, the Plaintiff entered into an agreement on the operation of the right insurance system for loan funds with Defendant K non-Life Insurance Co., Ltd. (former trade name: ELA Property Insurance Co., Ltd.).
Reasons for paying insurance money: Compensation for loss caused by an insured event that occurs to the plaintiff due to fraud, public offering, or defect in the right of lease in accordance with the lease agreement, within the amount of insurance coverage: Provided, That the liability shall not be borne where the damage caused by the guaranteed insurance of the defendant Seoul Guarantee Insurance
D. On August 14, 2013, the Plaintiff entered into a loan agreement with A to set the principal of the loan as KRW 92,000,000, and the loan period as August 22, 2015, and to B, a lessor.