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(영문) 서울중앙지방법원 2016.05.19 2014가단5096219
보험금지급청구의 소
Text

1. All the claims of the plaintiff and the plaintiff succeeding intervenor are dismissed.

2. The costs of litigation are assessed against the plaintiff and the plaintiff succeeding intervenor.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the statements in Gap evidence 1 to 3, Eul evidence 1, Byung evidence 1 and 2, and the entire purport of the pleadings:

On November 21, 2011, the Plaintiff entered into a contract for the supply of goods with Company B to be supplied with KRW 300 million (including value-added tax) on the same day, and first paid KRW 270 million as the price for goods on the same day.

(hereinafter referred to as “instant contract for the supply of goods”) B.

Upon entering into the instant product supply contract with the Defendant on November 21, 201, B entered into a guarantee insurance contract with the effect that B guarantees the return of the goods received in advance from the Plaintiff during the period from November 18, 2011 to February 28, 201, the Plaintiff’s insured amount, KRW 30 million of insurance premium, KRW 1,793,040 of insurance premium, and the insurance period from November 18, 2011.

(hereinafter referred to as the “instant guarantee insurance contract”) C.

On November 16, 2013, the Plaintiff filed a claim with the Defendant for the payment of KRW 300 million under the instant guarantee insurance contract, but the Defendant paid KRW 270 million to the Plaintiff on March 10, 2014 and did not pay the remainder KRW 30 million.

On July 31, 2015, the Plaintiff transferred the insurance claim against the Defendant under the instant guarantee insurance contract to the Intervenor succeeding to the Plaintiff, and granted the authority to notify such transfer. On January 18, 2016, the Plaintiff’s succeeding intervenor notified the Defendant of the transfer.

2. The Plaintiff and the Plaintiff’s succeeding intervenor, pursuant to the instant contract for the supply of goods, paid in advance the purchase price of KRW 30 million to B Co., Ltd. on Nov. 18, 201, KRW 270 million on Nov. 21, 201, and KRW 300 million on Nov. 21, 201, and Company B did not refund the purchase price of goods that it received in advance. As such, the Defendant, as stipulated in the instant guarantee insurance contract, did not refund the purchase price of goods that it received in advance.

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