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(영문) 서울중앙지방법원 2014.02.19 2013가단5084196
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 7, 2011, the Plaintiff entered into a performance guarantee insurance contract with the content that, upon receiving an application for subscription based on the Defendant’s authorized certificate, the Defendant, the Insured, the New Savings Bank (hereinafter “Nonindicted Bank”), the insurance coverage amounting to 30,000,000 won, and the insurance period from October 7, 201 to October 6, 2012, the Plaintiff guarantees the liability for damages arising from the entrustment contract for the lending business of a financial institution (hereinafter “instant guarantee insurance contract”), and obtained the Defendant’s digital signature by means of the Defendant’s authorized certificate.

B. On October 26, 2012, Nonparty bank filed a claim for insurance proceeds with the Plaintiff upon notifying the Plaintiff that the insured event occurred. Accordingly, on February 5, 2013, the Plaintiff paid KRW 30,000,000 to Nonparty bank.

【Ground of recognition】 Each entry of evidence Nos. 1 through 3, and the purport of the whole pleadings

2. The parties' assertion

A. Since the Plaintiff asserted that the Plaintiff paid the insurance proceeds to the non-party bank that is the insured pursuant to the performance guarantee insurance contract with the Defendant, the Defendant is obligated to pay the Plaintiff the same money as stated in the purport of the claim, which is the sum of the unpaid insurance proceeds and the final delay damages, out

B. The Defendant’s assertion B uses the Defendant’s name without authority and concluded the instant guarantee insurance contract with the Plaintiff in the name of the Defendant. Since the Defendant did not conclude the instant guarantee insurance contract with the Plaintiff, it cannot respond to the Plaintiff’s claim.

3. In full view of the following facts: (a) No. 2-1 through 6, 10, 11, 12, and 5; (b) No. 5; (c) No. 6-1 and 2; and (d) No. 8-1 through 3; and (c) the testimony of the witness C, it is suggested that the Defendant, who is conducting online advertising management business, under the Defendant’s name, undergo the procedure for filing an application for business registration under the Defendant’s name; and (b) handle the issues of insurance coverage.

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