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(영문) 대구지방법원 2018.08.08 2017가단117951
보험금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On March 30, 2015, the Plaintiff entered into a multilateral sales claim insurance contract with the Defendant (hereinafter “instant insurance contract”) with the period of insurance from March 30, 2015 to March 29, 2016, setting forth KRW 7.4 billion as the insurance coverage claim 7.7 billion.

According to the insurance contract of this case, if the plaintiff suffered property damage due to the non-performance of the sales claim acquired in return for the provision of goods to the buyer, the defendant shall pay part of the

B. The above insurance coverage sales claim includes the Plaintiff’s sales claim against New EM Co., Ltd. (hereinafter “NewM”), and the insured amount corresponding thereto was KRW 46 million, but the New EM caused the Plaintiff’s default on payment at the end of February 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3 (including the numbers, and hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the plaintiff supplied 105,89,883 won with goods during the insurance period of the insurance contract of this case to New Es.M. and received only KRW 15,213,980 during the insurance period of the insurance contract of this case, and caused the occurrence of the insurance accident, the defendant is obligated to pay 46 million won insurance money to the plaintiff.

B. The Defendant’s assertion that the Plaintiff violated the duty of disclosure by failing to notify the details of sales claims against New EM at the time of entering into the instant insurance contract, and breached the duty of notification due to the failure to notify the occurrence of an insurance accident and the increased risk of an insurance accident. Therefore, the Defendant did not have any obligation to pay insurance proceeds.

C. If the evidence and the purport of the entire argument are added to the statements in the evidence Nos. 4 through 7 as seen earlier, the Plaintiff is aware of the entries in the insurance subscription form and the Defendant’s question.

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