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(영문) 인천지방법원 부천지원 2017.02.10 2016가합101791
계약해지무효확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. (1) On September 20, 2012, including the conclusion of a mutual aid agreement with the Plaintiff and the Defendant on the attached list, the Plaintiff entered into a mutual aid agreement with the Defendant on the attached list (hereinafter “instant contract”). The main contents of the terms and conditions (Evidence B No. 1) are as follows.

Article 11 of the General Terms and Conditions for Mutual Aid (1) In the event that the contractor fails to pay the mutual aid premium by the due date of payment of the mutual aid premium after the second or subsequent payment of the mutual aid premium, and the contractor fails to pay the mutual aid premium within the fixed period of at least 14 days and the contractor fails to pay the mutual aid premium by the due date of the expiration of the maximum period of payment, the agreement shall be notified in writing (e-mail, etc.), telephone, or electronic document, etc. as of the date following the expiration of the maximum period of payment, if the contractor fails to pay the mutual aid premium within the period of at least 14 days.

(Omission) Article 12 [Recovery of Termination Contract due to Delayed Payment of Mutual Aid Fees] (1) Where a contract is terminated pursuant to Article 11 but no refund for termination has been received, the contractor may subscribe for the restoration (effective recovery) of the contract within two years from the date of termination, and where the agreement has been accepted, the contractor shall pay the amount calculated by adding the amount calculated by the interest rate set by the Cooperation for each product within 1% of the delayed premium within the limit of one percent of the fixed interest rate to the delayed premium for each product until the date of termination of the contract.

(2) The provisions of Articles 1, 9, 22, 24 and 26 shall apply mutatis mutandis where the termination contract under paragraph (1) is restored.

However, in the case of restoration (Recovery of effect), the first contribution fee refers to the contribution fee at the time of restoration (refusal recovery).

Article 22 (Obligation to Notify before Contract) A contractor or a beneficiary (subject to mutual aid) shall enter into an offer at the time of subscription.

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