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(영문) 서울중앙지방법원 2017.02.03 2015가단5312543
보험금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the whole pleadings in the statements in Gap evidence 1, evidence 2, evidence 2-1, evidence 5, evidence 6-1, evidence 6-2, evidence 8, evidence 9-1, and evidence 9-1 to 13.

On July 13, 2012, the Plaintiff engaged in the business of organizing and operating a franchise store with respect to the mutual convenience points of the 7-ELVN (SN) and the business of operating guidance, etc., entered into a franchise agreement for opening a store (hereinafter “instant franchise agreement”) with Seongbuk-gu Seoul Building B (hereinafter “instant building”) with respect to 110 and 111 of the building in Seongbuk-gu Seoul (hereinafter “instant building”). The main contents of the instant franchise agreement are as stated in the attached franchise agreement.

B. On July 24, 2012, the Defendant engaged in a guarantee insurance business, etc.: (a) concluded a guarantee insurance contract with the Plaintiff, the insured, the amount of insurance coverage of KRW 50,000,000, and the insurance period from July 24, 2012 to July 23, 2017; (b) a guarantee insurance contract with the details of the guarantee as “payment guarantee for damage in accordance with the three- equipped range of franchise agreements”; (c) the insured as the Plaintiff, the amount of insurance coverage of KRW 10,00,000, and the insurance period from July 24, 2012 to July 23, 2017; and (d) a guarantee insurance contract with the details of the guarantee as “payment guarantee for refund obligations in accordance with the special support agreement for franchise agreement” respectively.

(hereinafter referred to as “each of the instant insurance contracts”) C.

Although A operates the instant franchise agreement for 24 hours pursuant to the instant franchise agreement, the Plaintiff did not comply with the Plaintiff’s request for correction after suspending his/her business from December 29, 2012. On September 9, 2013, the Plaintiff sent to A a written certification of the content that the instant franchise agreement was terminated on September 17, 2013 on the ground of the instant franchise agreement breach, and the said written document reached A around that time.

The plaintiff is the defendant around August 2014.

60,000,000 = total insurance money under each insurance contract of this case due to the reasons under this subsection.

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