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(영문) 서울동부지방법원 2018.10.31 2018나20264
보험금
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Facts of recognition;

A. On January 29, 2015, the Plaintiff is a non-party A or lower company.

Between the division, the plaintiff's entrustment contract is "the entrustment contract of this case" with the terms that the plaintiff will entrust the non-party company with the sales of the goods, services, etc. such as the business entrusted and the mobile telephone terminal related thereto.

At the time, the Plaintiff entered into a contract of this case. At the time, the Plaintiff requested the non-party company to submit a performance guarantee insurance policy to guarantee the obligation to compensate the Plaintiff for damages, etc. to the non-party company. On February 24, 2016, the Plaintiff is liable to guarantee the obligation to compensate for damages arising from the contract of the non-party company’s trade name, the non-party company name C business operator (resident number D mobile phone number No. 30,000 Fax No. 635,000 insurance premium totaling KRW 635,400 insurance premium totaling KRW 635,000,000 insurance premium totaling KRW 100,000,000,000 insurance period of February 25, 2015.

B. On February 2015, the non-party company prepared an application for performance guarantee insurance with the defendant's Gangnam Agency (B) and sent it by facsimile, attaching C's identification card, the representative director of the non-party company, the personal credit information inquiry agreement, etc.

C. Around that time, around February 27, 2015, the Defendant Party B, an employee of the Defendant’s side agency, was served with the said written application, drafted a performance bond subscription form, written by the Plaintiff as the representative director of the Nonparty Company, and the insured, in electronic documents (hereinafter “instant insurance contract”). The instant insurance contract was signed by means of a certified method via C’s authorized certificate, with the content that: (a) on February 13, 2015, the insurance contract information, content of the contract, and matters concerning the collection and use of personal information (credit) were confirmed at the beginning of 03:0:0:0,000.

After that, the non-party company is from the defendant.

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