logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.08.10 2017나82309
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On August 1, 2011, the Plaintiff concluded a company’s comprehensive financial insurance contract (hereinafter “instant insurance contract”) with the content that guarantees the insured’s property loss due to the act of a traffic for which the employer was unfairly dismissed by taking advantage of the graphic Co., Ltd. (hereinafter “the traffic”) and the insured from August 1, 2011 to August 1, 2013.

B. On June 20, 2012, the Defendant entered into a carper trading agreement with C, which operates B points, and supplied goods from the said special agreement points to September 24, 2012, and door-to-door sales of cosmetics.

C. On July 1, 2012, the Plaintiff and Amath changed the terms of the instant insurance contract with the Defendant added the Defendant to the Carber affiliated with B (the insurance period from July 1, 2012 to June 30, 2013, the guaranteed amount of KRW 3,00,000).

The Defendant did not pay KRW 2,90,980 out of the price of goods supplied during the pertinent period to C, and C on December 12, 2012, caused property losses due to the Defendant’s failure to pay the price of goods, and filed a claim for insurance proceeds under the instant insurance contract.

E. On December 23, 2012, the Plaintiff paid KRW 2,011,280 as insurance proceeds, which was accrued between July 1, 2012 and September 24, 2012, the insurance period of which was the insurance period, to the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 10 (including the serial number), the testimony of the witness C at the trial, the purport of the whole pleadings

2. According to the above facts of determination, since the Plaintiff did not pay the goods to C, thereby paying the insurance proceeds of KRW 2,011,280 to C in accordance with the insurance contract of this case, and acquired the right to the Defendant, the Defendant served the Defendant with the payment order of this case from December 23, 2012, which was the payment date of insurance proceeds, to the Plaintiff.

arrow