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(영문) 서울중앙지방법원 2018.02.02 2016가합551620
보험금
Text

1. The Defendant’s KRW 499,970,734 among the Plaintiff and KRW 403,051,734 among the Plaintiff, shall be KRW 96,919,00 from December 11, 2015 to KRW 96,919,00.

Reasons

1. Basic facts

A. On December 1, 2013, the Plaintiff entered into a contract for the supply of goods (hereinafter referred to as “instant contract for the supply of goods”) with the Multilateral Co., Ltd. (hereinafter referred to as “multilater”) and the multilateral goods developed and produced from December 1, 2013 to November 30, 2015, for the purpose of selling booms goods through home shopping (hereinafter referred to as “instant goods supply contract”).

In the instant goods supply contract, the details of the order, settlement, return, etc. related to the instant goods are as follows.

Article 4 (Settlement and Order) The Plaintiff shall pay 50% advance payment to the relevant account with the order quantity of 10,000 sets, and 50% advance payment shall be made within three days after the order is placed.

The remainder of 50% shall be paid in cash within three days after multiple copies have entered the warehouse for the designation of the plaintiff.

(Provided, however, the ordered quantity may be changed through mutual consultation). Article 9 (Goods and Returns) (Goods) Any inventory following the non-sale of the Plaintiff’s sold goods shall be returned in full.

The value of return shall be based on the value of supply specified in the standard of this contract, and the full amount of return shall be paid to the Plaintiff even if it is impossible to sell the goods due to the payment of broadcasting

The criteria for the non-broadcasting shall be based on the re-organizationable price within one month after the last broadcast.

The plaintiff may terminate the contract by written notification to the multi-party, and shall pay the amount of inventory and return within one month.

In cases of payment for at least one month, the plaintiff may dispose of the inventory of goods at his/her own discretion.

B. Daehan and the Defendant concluded two performance guarantee insurance contracts for the guarantee of the payment of liability for damages under the instant goods supply contract (hereinafter “each guarantee insurance contract of this case”) with the insurance period from December 1, 2013 to November 30, 2015, the Plaintiff, the insured, the insured amount of KRW 1 billion, and KRW 500 million, and issued each performance guarantee insurance policy to the Plaintiff.

C. The Plaintiff around September 2014.

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