logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.11.10 2015가합528371
보험금
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. On December 13, 2013, the Plaintiff and B entered into an export bond purchase agreement with the Plaintiff and B (hereinafter “B”)

In addition, from December 13, 2013 to December 13, 2014, the credit limit is omitted from US dollars 10 million (hereinafter “US currency”) and is indicated only as US dollars.

(B) As the importer, B is the importer NEWG INC (hereinafter referred to as “instant importer”).

2) In the course of export transactions with the Plaintiff, the Plaintiff agreed to purchase export bonds to be held by the importer of the instant case (hereinafter “instant export bonds purchase agreement”).

(2) On December 16, 2013, the Plaintiff and B entered into an additional transaction agreement with the effect that, with respect to the instant export bond purchase agreement, in the event that the instant importer files a dispute or violates the seller’s obligations under the export agreement, or that, in the event that B made a false notice of the notified matters requested by the Plaintiff, B bears the Plaintiff’s obligation to redeem the purchase price.

(B) The terms and conditions that the exporter imposes on the negotiating bank the obligation to redeem the purchase amount of export bonds (hereinafter “non-repaid terms and conditions”) to the extent that there are specific reasons, such as causes attributable to the exporter, etc.

The Plaintiff and the Defendant’s short-term export insurance contract (EF) contract 1) concluded on December 12, 2013 with the Defendant and the Plaintiff on December 12, 2013, and the short-term export insurance contract (EF) concluded between the Plaintiff and the Plaintiff to compensate for USD 10 million on the compensation limit and KRW 100,000,000 on the compensation rate, where the purchase price cannot be recovered after purchasing export bonds from B under the condition of non-payment under the export bond purchase agreement of this case.

(EF) After entering into the instant insurance policy, the Defendant’s short-term export insurance (EF) securities (hereinafter “instant insurance policy”).

(2) The instant insurance contract is issued below the terms and conditions of the instant insurance contract.

arrow