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(영문) 서울중앙지방법원 2016.03.04 2014가단5191060
보험금
Text

1. The Defendant’s KRW 43,392,468 as well as the Plaintiff’s KRW 6% per annum from November 1, 2013 to July 8, 2014, and the following.

Reasons

1. Basic facts

A. (1) The Plaintiff operating the “B” concluded each sales bond insurance contract with the Defendant, with the content that the Defendant compensates for any property loss arising from nonperformance of obligations, such as the Plaintiff’s provision of goods or services to a buyer in relation to commercial transactions and the buyer’s failure to pay the sales price, etc. even after having acquired the sales claim.

() The contract date: the insurance period on April 30, 2012: the insurance period: from April 30, 2012 to April 29, 2013, the amount calculated by multiplying the actual amount of damage by the indemnity rate (80%) and the purchaser’s terms and conditions applicable to the instant insurance contract (hereinafter referred to as “instant terms and conditions”) are as follows: the lesser amount of the insurance amount by the purchaser: 200,000,000 won sales claim settlement period of 135 days:

Article 11 (Insurance Accidents) An insured incident which becomes the ground for requesting the payment of insurance proceeds shall be any of the following cases:

4. Where it falls under any of the following items with respect to the claims sold by the plaintiff:

(a) 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 (or where the purchaser is liable for insurance and is not responsible for insurance).

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, the sales claim which occurred from the day following the date of the insurance accident.

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