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(영문) 인천지방법원 2014.07.09 2013가단88040
보험금
Text

1. The Defendant shall pay to the Plaintiff KRW 53,379,968 and the interest rate of KRW 20% per annum from November 16, 2013 to the day of full payment.

Reasons

Basic Facts

On May 24, 2013, the Plaintiff entered into an insurance contract with the Defendant on May 24, 2013, with respect to the Plaintiff’s claim for sales against the non-party company (hereinafter “non-party company”) for the insurance coverage period from May 24, 2013 to May 23, 2014, the Plaintiff entered into the insurance coverage agreement with the Defendant, namely, the purchase and sale claim amounting to KRW 976,00,000, the payment period of the sales claim amounting to 60 days, the amount calculated by multiplying the actual amount of damages by 80% of the purchase’s insurance amount, and the purchaser’s purchase insurance claim amounting to KRW 160,00,000 (hereinafter “instant insurance”).

The methods of operating the insurance product of this case are as follows.

First, the sales company, the policyholder, entered into an insurance contract with the defendant, entered into a contract with a financial institution which entered into a business agreement on the management of the linked loan goods of this case with the defendant, and then the sales company entered into a loan agreement with the financial institution, and then provides the purchaser with the insurance money claim and the insurance money claim against the defendant as security

If a selling enterprise registers the price claim for goods, etc. from the provision of goods, etc. to a buyer in an electronic form prescribed in the insurance clause through the information processing system of e-market display service, the financial institution will carry out a loan equivalent to the amount of the sales claim to the buyer, after obtaining confirmation from the buyer.

The main contents of the insurance contract of this case are as follows.

Article 2 (Adjustment of Terms and Conditions) The definitions of terms and conditions used in this Clause shall be as follows:

4. The term "sales claim" means that a policyholder provides goods or services to a buyer in connection with commercial transactions and the principal of the credit account he/she acquired in return for the provision of goods or services to the buyer, and that the content thereof has been processed in electronic form through the information processing system of

5. The term “e-market display” means that a policyholder under Article 2 subparagraph 3 of the Digital Signature Act.

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