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(영문) 서울중앙지방법원 2018.11.09 2018나7121
구상금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On October 31, 201, the Plaintiff entered into a comprehensive financial insurance contract (securities number B; hereinafter “instant insurance contract”) with the content that guarantees the insured’s property loss, etc. due to the insured’s unfair dismissal of his/her employees, with the total amount of 380 stores, cash and securities, and the maximum compensation amount of 12,000,000 won from November 1, 2011 to November 1, 2013.

B. On May 1, 2009, the Defendant entered into a carper trading agreement with D who operates El branch health C points. From around that time to August 6, 2012, the Defendant supplied cosmetics from C points and sold them, and served as door-to-door salesman with C points in a way that distributes the price to a certain percentage.

C. The Defendant did not pay KRW 5,842,551 out of the price of the goods supplied to D, and D claimed payment of KRW 2,692,551 (the amount calculated by deducting KRW 1,000,000 and KRW 2,150,000 as the retirement reserve paid by the Defendant on November 4, 2012) on the ground that the Defendant did not pay the price of the goods collected from the selling place to C, thereby causing property loss.

On November 30, 2012, the Plaintiff paid KRW 2,692,551 as insurance money to D through the adjustment.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, 4, 7, 9, 10 (including branch numbers), the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant supplied cosmetics from C points and sold them, but did not pay the price of goods to C points. The insurance accident stipulated in the insurance contract of this case occurred, and the plaintiff paid the insurance money of KRW 2,692,551 to D in accordance with the insurance contract of this case and acquired the right of D to the defendant.

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