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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. In June 2012, the Plaintiff and the Defendant concluded a sales bond insurance contract with respect to the sales claim against the Plaintiff Tae-tae Development Co., Ltd. (hereinafter “ Tae-tae Development”) by an amount calculated by multiplying the insurance period from June 29, 2012 to June 28, 2013 by the indemnity rate (80%) or by the purchaser’s insurance amount, whichever is smaller.
Under the insurance contract of this case, sales claims of the insurance of this case are KRW 2.6 million, the insured amount is KRW 50 million, and the settlement period of sales claims is 90 days.
Of the insurance terms and conditions of this case, the provisions relating to this case are as follows.
(Insurance Accidents) Article 11 (Insurance Accidents) (Insurance Accidents) of Gap's Certificate 2-1, No. 2, and No. 3) has no dispute, and the insured events which constitute grounds for claiming insurance proceeds shall be any of the following cases:
4. When it falls under any of the following items with respect to claims sold by a policyholder:
(a) The credit sales: When the purchaser fails to pay the credit sales within the period computed by adding up two months to the settlement period indicated in the insurance policy, counting from the first day of the month following the date the relevant credit sales occur (referring to cases where the purchaser is liable for insurance or not supported).
However, it shall not be liable for insurance for any of the following sales claims:
3. Where an insurance accident occurs due to the causes under subparagraph 4 of Article 11: A sales claim which occurred from the day following the date of the insurance accident.
2. Even according to the Plaintiff’s assertion as to whether insurance liability exists or not, the relevant credit sales amounting to 54,573,970 won for the Plaintiff’s development of the Plaintiff’s negligence incurred on July 31, 2012 is KRW 54,573,970, and KRW 3,022,347 among them is up to December 29, 2012, namely, the relevant credit sales amount is up to December 29, 2012.