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(영문) 서울중앙지방법원 2017.05.19 2016나55584
보증 보험금 청구의 소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The key issue of the instant case is whether the insurance accident occurred, and whether the statute of limitations for the claim for insurance proceeds expires (hereinafter “the instant case’s issue is whether the amount may be deemed to have been replaced by the subsidies under the first agreement even if the subsidies under the second agreement were not actually received,” whether the B’s failure to pay the amount constitutes three-time arrears, which is the cause of loss of the benefit due to the due date, and whether the clause on loss of the benefit under Article 8 of the second agreement constitutes a special agreement on loss of the benefit due to the formation right.”

The ground for appeal by the plaintiff is not significantly different from the argument in the first instance court, and even if the evidence submitted in the first instance court is different from the evidence submitted in the first instance court, it does not seem that it erred in the fact-finding and judgment in the first instance court.

2. According to the acceptance of the judgment of the court of first instance, the reasons for the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance, except where part of the judgment of the court of first instance is used as follows. Therefore, it is acceptable to accept it as it is by the main sentence of

Part 3 of the judgment of the court of first instance shall be subject to " January 15, 201" in 4 pages 3 of the judgment of the court of first instance.

"The 53,145,827 Won 48,827 of the third 13th 13th 13th am "the 48,837,527 Won." The 10th 16th am "the rate of exchange in equal installments of the amount of delayed (loan)" in the 10th 16th am of the first 10th am "the equal installment of the amount of support (loan)" shall be applied.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.

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