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(영문) 수원지방법원 2017.05.25 2016나72037
청구이의
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The text of the judgment of the court of first instance is set forth.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 to 7, and Eul evidence 1 to 4:

On February 12, 2013, the Plaintiff entered into the instant insurance contract with the Defendant for non-payment professional engineer injury insurance with the Defendant (hereinafter “instant insurance contract”). The terms and conditions of the instant insurance contract include the following: “Where the contractor fails to pay the insurance premium by the due date after the second payment of the insurance premium, the Company shall pay the contractor delayed insurance premium within a fixed period of not less than 14 days (7 days if the insurance period is less than one year) (7 days if the insurance period is less than one year) with the due date for the payment of the insurance premium, the Company shall pay the delayed insurance premium to the contractor within the highest payment period of not less than 14 days (7 days if the insurance period is less than one year),” and “if the insurance premium is not paid by the due date after the expiration of the maximum payment period, the contract shall be terminated on the day following the expiration of the highest payment period (registration mail, etc.), telephone, or electronic document.” Accordingly, the termination refund shall be paid to the contractor if the contract is terminated.

(Section 2 of the General Terms and Conditions, Section 12.b)

From May 2014, the Defendant did not pay the monthly insurance premium as stipulated in the instant insurance contract, and accordingly, around July 2014, the Plaintiff sent a registered mail a notice stating that “The insurance contract may be maintained normally if the premium is paid within 15 days from the date of receipt of this guide, and if the premium is not paid within the prescribed period, the insurance contract shall be terminated on the day following the 15th day from the date of receipt of the guide.”

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