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(영문) 서울중앙지방법원 2017.09.05 2017가단5062651
보험금
Text

1. The Defendant’s KRW 174,341,182 as well as the Plaintiff’s KRW 6% per annum from March 15, 2017 to April 10, 2017.

Reasons

1. Basic facts

A. On March 9, 2012, the Plaintiff concluded a consignment agency contract with A (hereinafter “instant agency contract”) as a company running a business such as the sale of telecommunications wired and wireless devices and the provision of telecommunications services.

The main contents of the instant agency contract are as follows: A operates an entrusted agency with the trade name of “B,” and receives fees on behalf of the Plaintiff, such as business of dealing with the Plaintiff’s goods and service subscription, and collecting service fees, while purchasing and selling telecommunications terminal devices, etc. from the Plaintiff, and where A does not pay the price of goods, etc. within the deadline determined by the Plaintiff, it shall pay to the Plaintiff an amount calculated at the rate of 7.3% per annum for the number of delayed days, and the initial term of validity of the contract shall be one year from the date of conclusion, and the contract shall be extended by one year unless one of the parties notifies in writing that he/she would not extend the contract term by one month before the expiration

Insurance policyholder: The insured amount covered by the Plaintiff: The insurance period of KRW 400 million: From March 28, 2014 to March 27, 2016 (731 days): The coverage of the indemnity liability under the agency contract of a mobile communications business operator and the special clause on the guarantee of payment for credit goods of prepaid and wireless communications products: The obligations arising under the agency contract of a mobile communications business operator and the obligations that arrive within 90 days from the following day after the expiration date of the insurance period, shall be guaranteed within the coverage of the insurance amount of this securities, and the old insurance contract for securities shall be terminated - the main contract terms of the contract for which the former insurance contract shall be terminated - the entrusted agency contract - the contract term from March 28, 2014 to March 27, 2016: 340,198,293 won: the amount of debts accrued before the commencement of the insurance period:

B. At the time of entering into the instant agency contract, A entered into a guarantee insurance contract with the Defendant for the principal’s contractual obligations (hereinafter “instant insurance contract”), and provided the insurance policy to the Plaintiff. On April 2014, the insurance period expires.

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