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(영문) 서울중앙지방법원 2017.01.19 2016가단5138117
보험금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a company that operates the manufacturing business of automobile parts, etc., and the defendant is a corporation established by the Trade Insurance Act for the trade insurance business.

B. In a case where an exporting company loaded goods in USD 200,000 upon acceptance by the Defendant on September 12, 2013 under an export contract, and a foreign exchange bank purchases (NEGO) export bonds based on shipping documents, such as bills of exchange, etc., the Plaintiff is a joint and several liability system where the Defendant purchased shipping documents as security by the foreign exchange bank, and pre-paid the purchase price to the exporter, but if the export price is not settled from the importer on the due date, the foreign exchange bank can receive compensation from the Defendant.

Unlike short-term export insurance (after shipment-general export credit guarantee (after shipment) that is mandatory to enter into a contract, an exporter entered into an export contract for a period of not more than two years for the settlement of export price and subsequently entered into an export contract with the importer to compensate the Defendant for losses incurred when the exporter becomes unable to receive export price from the importer after the export of the goods; hereinafter “instant insurance contract”). The terms and conditions incorporated into the instant insurance contract (hereinafter “instant terms and conditions”) as the content of the instant insurance contract are as follows.

Article 1 (Contents of Terms and Conditions) This Agreement provides for a short-term export insurance contract in which the plaintiff (hereinafter referred to as the "the plaintiff, the Corporation") has an address in Korea in connection with the export contract described in the insurance policy (hereinafter referred to as the "subscriber") compensates for losses incurred by an exporter (including services; hereinafter the same shall apply) in the event that the proceeds of the exported goods (including services; hereinafter the same shall apply) cannot be recovered (hereinafter referred to as the "price"),

Article 3 (Definitions) (5) The term "limit of acceptance" in this Clause shall be specified as a policyholder.

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