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(영문) 서울서부지방법원 2015.01.15 2014가합38364
보험금
Text

1. The Defendant’s KRW 400,958,393 among the Plaintiff and KRW 319,828,683 among the Plaintiff, shall be KRW 79,20,000 from August 6, 2012.

Reasons

1. With respect to the commercial transactions of the policyholder, MTA-2-00012 C insurance period from March 7, 2012 to March 6, 2013, 2012, the Plaintiff agreed to compensate policyholders for losses to their property in the event that the Defendant fulfilled his/her obligation to sell goods or services. When the Plaintiff paid the insurance proceeds to the policyholders on behalf of the Defendant, the Plaintiff entered into the sales insurance contract as set forth in the following table with the effect that the policyholders acquire the right to exercise against the Defendant within the extent of the payment: (i) the policyholder (ju) MHA-2012-0012 C insurance period from March 7, 2012 to March 6, 2013; (ii) the amount of KRW 100,000,000,000 and KRW 100,005,000,000 and KRW 100,005,000 and KRW 105,005,000.

In July 9, 2012, there was an insurance accident caused by the delay of the defendant's performance on July 9, 2012.

On August 6, 2012, the Plaintiff paid KRW 319,828,683 of the insurance money on August 6, 2012.

In July 9, 2012, the insurance accident occurred due to the delay of the defendant's payment on July 9, 2012.

On August 17, 2012, the Plaintiff paid KRW 79,200,000 of the insurance money on August 17, 2012.

The Plaintiff, upon paying each of the above insurance proceeds, subrogated to the scope of the insurance proceeds, acquired the right to claim the sales price and damages for delay against the Defendant under the sales claim insurance contract and insurance terms and conditions.

In addition, the plaintiff's substitute payments that the plaintiff paid to the defendant as expenses for legal procedures such as enforcement and preservation of insurance claim against the defendant, and the amount that the plaintiff did not recover is KRW 1,929,7

2. Article 208(3)1 of the Civil Procedure Act provides that a judgment without a pleading shall be rendered.

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