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(영문) 인천지방법원 2017.06.01 2016가단228610
보험금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 3, 2015, the Plaintiff entered into the instant insurance contract with the Defendant and the insurance period from February 3, 2015 to February 2, 2016, by multiplying the premium rate of 0.487%, insurance premium of 16,379,270 won, by the actual amount of compensation limit, by the amount of compensation (80%) by the purchaser’s insurance amount, and “Dave Insurance Contract (hereinafter “instant insurance contract”). The main contents of the terms and conditions are as follows: (a) The terms and conditions of the instant insurance contract (hereinafter “instant insurance contract”) provide goods or services to the buyer in relation to commercial transactions, and partly compensates the amount of damage incurred by the failure to perform the sales claims acquired in return for the provision of goods or services to the buyer, by paying the insurance proceeds.

Article 2 (Definitions of Terms) The definitions of terms used in this Agreement shall be as follows:

4. The term "sales bond" means the principal of each credit account receivable acquired in return for providing goods or services to a buyer in connection with commercial transactions and the principal of each bill of exchange;

5. The term "bills to be received" means bills or notes which meet the requirements under Article 75 of the Bills of Exchange and Promissory Notes Act.

Article 5 (Subject-Matter of Insurance) The subject-matter of insurance shall be insurance policy sales claims stated in the insurance policy.

6. The term "purchaser" means a person who bears obligations following the receipt of goods or services in connection with commercial transactions by a policyholder and who is listed in an insurance policy;

Article 9 (Creation and Appropriation of Sales Claims) (1) Sales claims shall be deemed to have occurred in any of the following cases:

1. Where the goods are delivered to a buyer;

2. When the service is furnished to a buyer, the payment deadline of the credit sales out of the sales bonds shall be the date falling under the expiration date of the payment period indicated in the insurance policy, counting from the first day of the month following the date when the credit sales occur.

(2) Sales credits.

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