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1.The judgment of the first instance shall be modified as follows:
Defendant Guarantee Insurance Co., Ltd. shall be the Plaintiff 2,411,891.
Reasons
1. Basic facts
A. The Defendants of the Business Convention between the Defendants entered into an agreement on the comprehensive contract for the automobile installment sales guarantee insurance (hereinafter “the instant business agreement”) around September 1996. With respect to the installment sales contract under which the Defendant Hyundai Motor among the automobile sales contracts between the Defendant Hyundai Motor and the buyer receives 15% advance payment from the buyer of the automobile sales price, the Defendant Hyundai Motor is required to make the buyer subscribe to the installment sales guarantee insurance for the Defendant Hyundai Motor. The Defendant Seoul Guarantee Insurance is liable to compensate for damages caused by the buyer’s failure to perform the said installment sales contract, which is the main contract. However, if the buyer requests to attach the installment financing special terms and conditions to the said installment sales guarantee insurance to obtain the installment payment from the installment company, the Defendant Hyundai Motor is allowed to accept it.
B. 1) Co., Ltd. A, B (hereinafter “A” and “B”), and the term “foreign companies” collectively.
(1) From April 12, 2007 to September 17, 2007, the Defendant Hyundai Motor entered into a contract for the temporary payment of KRW 78,200,000 for truck 27. Among them, the contract at issue in the instant case is ① two parts of the contract at April 12, 2007, ② four parts of the contract at September 13, 2007, ③ four parts of the contract at September 13, 2007, ③ three parts of the contract at April 30, 2007, ② five parts of the contract at May 31, 2007, and 18 (hereinafter “instant truck”).
The part is the Defendant Hyundai Motor is the above sales contract (hereinafter “instant sales contract”).
In relation to this case, only one million won per truck was paid from the non-party company as down payment, and the advance payment as provided in the instant business agreement was not paid.