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(영문) 서울중앙지방법원 2019.07.16 2018가단5030736
청구이의
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 December 10, 2012, the Plaintiff entered into a “C branch contract” with C Co., Ltd. (hereinafter “Nonindicted Company”) and the term of the contract from December 10, 2012 to December 9, 2013 (in the absence of any objection, one-year extension) and concluded a contract with the Plaintiff to open two main points and purchase mobile phone-related peripheral devices from Nonparty Company to sell them to the general public.

The plaintiff was supplied with various goods from the non-party company in accordance with the above contract (hereinafter referred to as "the franchise agreement of this case").

B. On January 17, 2013, the Plaintiff entered into a guarantee insurance contract with the Defendant and the insured, setting the insurance period from January 17, 2013 to January 16, 2014, with the content that the Defendant guarantees the performance of the obligation to pay credit goods to the non-party company (hereinafter “instant guarantee insurance contract”) by setting the insurance period from January 17, 2013 to January 16, 2014.

According to this, if the plaintiff did not pay the credit goods payment to the non-party company and the defendant performed it as the guaranteed obligation, the plaintiff is obliged to pay the insurance money paid by the defendant to the defendant as the amount of indemnity and pay damages for delay according to the ratio set by the defendant.

C. On December 9, 2013, the Plaintiff, the non-party company, and the Plaintiff, as of this day, bear the obligation to pay for the goods of KRW 19,471,417 against the non-party company. By January 31, 2014 and April 30, 2014, the Plaintiff repaid KRW 9,735,709, respectively. On one occasion, if delay occurs, the Plaintiff shall lose the benefit of the time, and shall pay damages for delay at a rate of 20% per annum from December 9, 2013 to the date of full payment (hereinafter “each of this case”). D.

On April 25, 2014, upon receiving a claim from the non-party company, the Defendant paid KRW 19,000,000 to the non-party company insurance money under the instant guarantee insurance contract.

E. The defendant is against the plaintiff.

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