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(영문) 서울중앙지방법원 2017.07.21 2017가단5057994
보증보험금 청구의 소
Text

1. The Defendant’s KRW 76,570,404 as well as the Plaintiff’s KRW 6% per annum from October 18, 2016 to March 29, 2017.

Reasons

1. Basic facts

A. On April 30, 2012, the Plaintiff concluded a consignment agency contract with A (hereinafter “instant agency contract”) as a company running a business such as the sale of telecommunications wired and wireless devices and the provision of telecommunications services.

The main contents of the instant agency contract are as follows: A operates an entrusted agency with the trade name of “B,” and receives fees on behalf of the Plaintiff, such as business of dealing with the Plaintiff’s goods and service subscription, and collecting service fees, while purchasing and selling telecommunications terminal devices, etc. from the Plaintiff, and where A does not pay the price of goods, etc. within the deadline determined by the Plaintiff, it shall pay to the Plaintiff an amount calculated at the rate of 7.3% per annum for the number of delayed days, and the initial term of validity of the contract shall be one year from the date of conclusion, and the contract shall be extended by one year unless one of the parties notifies in writing that he/she would not extend the contract term by one month before the expiration

B. At the time of entering into the instant agency contract, A entered into a guarantee insurance contract with the Defendant for the principal’s contractual obligation (hereinafter “instant insurance contract”), and provided the Plaintiff with the insurance policy. On April 2014, the insurance period expired, following the renewal of the instant agency contract and the re-issuance of the instant insurance policy with the Plaintiff. The major contents of the insurance policy issued at the end of April 2014 are as follows.

A policyholder: The amount of insurance coverage of the Plaintiff: The insurance coverage period of KRW 100 million: From May 1, 2014 to April 30, 2016: Guarantee content under an agency contract by a mobile network operator and a special clause clause clause clause clause clause clause clause clause clause clause clause clause clause clause article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article article

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