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(영문) 제주지방법원 2015.01.20 2014가단5479
채무부존재확인
Text

1. It does not exist that the Plaintiff’s insurance obligation against the Defendant based on the insurance contract indicated in the attached list.

Reasons

1. Basic facts

A. On May 27, 2013, the Plaintiff entered into an insurance contract with A to guarantee the payment of liability for damages arising from a franchise agreement entered into with A (hereinafter “instant insurance contract”) with the Defendant (hereinafter “instant insurance contract”) and retroactively begins from October 10, 2012, and the specific details thereof are as follows.

1) Insurance period: From October 10 to October 9, 2013, 2012, the insured (A3): Defendant 4: The amount of insurance coverage of the insured (A3): 65 million won: claims arising from the old securities B, and claims that arrive within 90 days from the day following the expiration date of the insurance period, and the old securities insurance contract will be terminated; 6) indemnity: The defendant shall compensate for losses sustained by the franchiser that is the insured because the franchise store operator as the contractor fails to meet the obligations specified in the franchise agreement (limited to the obligations within the insurance period) set forth in the insurance policy and fails to meet the obligations set forth in the insurance policy.

(Article 6. 7 of the General Terms and Conditions: In addition to compensating for losses under Article 6 of the General Terms and Conditions, the defendant shall compensate for losses suffered by the insured who is the creditor, due to the failure of the due date for payment to arrive within 90 days from the day following the end of the insurance period, among the obligations that the contractor incurred within the insurance period specified in the insurance policy.

B. In the process of examining whether to accept an insurance contract based on old securities, the Plaintiff decided to accept an insurance contract based on old securities with the Defendant on May 20, 2013 as of May 20, 2013 under the franchise agreement entered into between the Defendant and A, which was confirmed as an accident without defects in the main contract.

C. The Defendant supplied the goods to the chain store owners on credit, and then the chain store owners wired the sales money to the merchant owners, and operates the sales money in the way of approving the price of the goods received in advance from the supplier of the goods, so the sales amount of the chain store owners.

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