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1. The Defendant’s KRW 374,356,456 among the Plaintiff and KRW 121,183,437 among the Plaintiff, shall be KRW 11,117,831 from June 18, 2012.
Reasons
1. Indication of claim;
A. On April 14, 201, the Plaintiff entered into an insurance contract with the Changjin Shipping Co., Ltd. (hereinafter “originaljin”) with a content that the Plaintiff would compensate the Plaintiff within the limit of the insurance amount that the Plaintiff sustained as a result of the Defendant’s nonperformance of its obligation with respect to the sales claim acquired in return for the provision of goods or services to the Defendant, and KRW 2,621,000,000 (the amount of the insurance purchase claim against the Defendant, KRW 808,000,000). The insurance amount of the sales claim against the Defendant is KRW 40 million,00,000,000,000, and the settlement period of the sales claim is 180,000,000, with respect to the sales claim acquired in return for the provision of goods or services to the Defendant, to the extent of the insurance amount that the Plaintiff sustained as a result of the Defendant’s default on obligation.
(hereinafter “instant insurance contract”). (b)
The main contents of the instant insurance contract are as follows: (a) in the event of an insured event, such as that the defendant, etc. fails to pay accounts on credit within the period calculated by adding up 180 days from the beginning of the day following the date when the payment on credit was made with respect to the credit sales to the original defendant, etc., the plaintiff would pay the insurance proceeds equivalent to the amount of the sales claim within the limit of the insurance amount to the original debtor; and (b) in the scope of
C. Although a sales claim against the original debtor was created, an insurance accident occurred due to the delay of the performance by the defendant. The plaintiff paid to the original debtor a total of KRW 374,356,456, and KRW 376,000,000 on June 18, 2012, to the extent of the sales claim that the defendant delayed the performance.
4. The Plaintiff, upon paying each of the above insurance proceeds, subrogated to the Defendant’s right to sales claims and damages for delay under the instant insurance contract and the insurance terms and conditions, within the scope of the insurance proceeds to be paid.
5. The defendant's insurance proceeds to the plaintiff 121,183 out of KRW 374,356,456.