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1. The Defendant’s KRW 280,155,635 as well as 5% per annum from April 12, 2019 to September 26, 2019 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is a custodian of A (hereinafter “A”) who received a decision on commencing rehabilitation procedures on January 4, 2018.
B. A around May 19, 2017, around May 19, 2017, the Defendant and the insurance period were calculated by multiplying the actual amount of compensation by 80% from May 19, 2017 to May 18, 2018, and each purchaser’s insurance amount is determined as either an amount calculated by multiplying the actual amount of compensation by 80%, whichever is less, and A entered into a C insurance contract, which is a sales claim insurance contract (hereinafter “instant insurance contract”). Under the instant insurance contract, the sales claim against D Co., Ltd. (hereinafter “D”), a buyer, with respect to the sales claim against the agricultural company (hereinafter “D”), which is a buyer, is set at KRW 352,00,000, and the purchaser’s insurance amount is set at KRW 352,00,000.
C. The main contents of the insurance clause applicable to the instant insurance contract (hereinafter “instant insurance clause”) are as follows: (a) an insured incident which serves as the ground for requesting the payment of insurance proceeds under Article 11 (Insurance Accidents) of the C insurance clause; (b) falls under any of the following cases:
2. Where the buyer is registered for the discontinuance of business or dissolution;
3. When a buyer files an application for commencement of rehabilitation procedures, bankruptcy procedures, and individual rehabilitation procedures under the Debtor Rehabilitation and Bankruptcy Act, Article 12 (Case of Liability for Insurance, and Non-Support) (1) A new assistant (referring to the defendant; hereinafter the same shall apply) shall assume the responsibility for insurance with respect to sales claims arising during the insurance period;
However, it shall not be liable for insurance for any of the following sales claims:
1. Article 18 (Duty of Prohibition of Increase in Risks and Termination of Contract) (3) New Report shall fall under any of the following subparagraphs: