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(영문) 서울중앙지방법원 2016.01.26 2014가단5160066
보험금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The facts below the basis facts do not conflict between the parties, or are acknowledged in full view of the purport of the entire pleadings in the entries in Gap 1, 2-1, 3-1 to 3-4, 4-1 to 4-3, 5-1, 5-2, 5-2, 6, 1 and 2.

A. On February 2012, the Plaintiff entered into a contract for steel processing (hereinafter “instant contract”) with the non-party Sti Co., Ltd. (hereinafter “non-party company”) with the purpose of “the Plaintiff providing the non-party company with the steel bars, and the non-party company entered into a contract for steel processing with the non-party company for directly supplying the processed steel bars at the construction site where the Plaintiff agreed to supply the processed steel bars under a contract with a third party.”

B. On February 1, 2013, Nonparty Company entered into a guarantee insurance contract with the Defendant (Advance payment) with the following content (hereinafter “instant guarantee insurance contract”).

- Insured - The insured: the insured period from February 1, 2013 to January 31, 2014 - the amount of insurance coverage: KRW 400 million - the amount of insurance coverage - the amount of insurance coverage - the amount of insurance coverage for all-way materials under the instant contract - the amount of insurance coverage - the amount of insurance coverage for all-way materials

C. The contents of Articles 6 and 7 of the Defendant’s General Guarantee Insurance Terms and Conditions (hereinafter “Terms and Conditions of this case”) that apply to the instant guarantee insurance contract are as follows.

Article 6 (Compensation for Damages) A company (i.e., the defendant) fails to perform the obligation stipulated in the contract (i.e., the contract of this case) entered in the insurance policy, and thus the obligee (i.e. the plaintiff) is liable to receive the return of the advance or the price of the materials which the obligee (i.e. the plaintiff) is liable to compensate in accordance with the terms and conditions entered in the insurance policy.

Article 7 (Amount of Insurance Money to be Paid by Company) (1) Insurance money to be paid by Company shall be the amount calculated by subtracting the amount of progress payment from the amount equivalent to the portion of performance of the prime contract from the amount of advance payment or the amount of pre-paid materials.

Provided, That the advance payment shall be made in the relevant Acts and subordinate statutes or the main contract.

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