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1. The plaintiff's primary claim against the defendant Seoul Guarantee Insurance Co., Ltd. is dismissed.
2. The Defendants respectively.
Reasons
1. Basic facts
A. On September 1996, the Defendant Hyundai Motor Co., Ltd. (hereinafter “Defendant Hyundai Motor Co., Ltd”) entered into an agreement with the Defendant Seoul Guarantee Insurance Co., Ltd. on the blanket contract of the said comprehensive agreement (hereinafter “instant comprehensive agreement”) and the main contents are as follows.
Article 1 (Principles of Convention) In selling an automobile by Hyundai Motor, the defendant Hyundai Motor is required to subscribe to installment sales guarantee insurance provided by the defendant Seoul Guarantee Insurance Co., Ltd. (hereinafter referred to as the "insurance") for installment sales contract (hereinafter referred to as the "main contract") that meets the conditions provided by this Convention, and the defendant Seoul Guarantee Insurance Co., Ltd is liable to compensate the damage suffered by the defendant Hyundai Motor in accordance with the terms and conditions of the insurance and the provisions of this Convention for the prime contract stated in the insurance policy.
Article 4 (Amount of Insurance Coverage) The amount of insurance coverage shall be at least 110% of the principal to be paid to the defendant Hyundai Motor after the buyer of the vehicle takes over the vehicle from the defendant Hyundai Motor.
Section 7 (Terms of Sales) The terms of installment sales of Defendant Hyundai Motor Vehicles entitled to be insured are as follows:
(1) The defendant Hyundai Motor Vehicle shall receive an advance payment at least 15% of the cash sales price.
Article 10 (Documents Required for Insurance Contracts) (1) The following documents shall be made as follows:
1. A letter of subscription for installment sale guarantee insurance and a written agreement;
2. Contract for installment sale of motor vehicles or a copy thereof;
3. A certificate of the personal seal impression of a vendee and a joint guarantor (the term of validity shall be four months from the date of issuance);
4. A property tax certificate stating the lot number of the taxable object;
5. Real name verification documents of the buyer (issuance of insurance policy) Article 11 (Issuance of Insurance Policy) (3) In order for Defendant Hyundai Motor Vehicle to obtain consumer financing from a financial institution, the financial institution shall be specified as a receiving authority of insurance money.