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1. The Plaintiff’s performance guarantee insurance contract between the Plaintiff and Seoul Guarantee Insurance Co., Ltd. on November 4, 201.
Reasons
1. Basic facts
A. In relation to the Defendant’s loan, the Plaintiff entered into a contract on the entrustment of services entrusted by the Defendant (hereinafter “instant contract on entrustment of services”) with the Defendant, such as arranging buyers, acting on behalf of the Defendant, confirming documents for application, delivering documents, and taking measures to preserve claims (hereinafter “instant contract on entrustment of services”). From November 4, 2011 to June 19, 201, the Plaintiff performed the duties entrusted by the Defendant.
B. On the other hand, on November 4, 201, the Plaintiff entered into a performance guarantee insurance contract with the Defendant as the insured, the insurance amount of KRW 50 million with the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance”) and submitted to the Defendant the guarantee certificate received from the said company around that time.
C. The Plaintiff received an application for a loan of KRW 150 million from A in accordance with the instant entrustment agreement, and submitted it to the Defendant. On April 18, 2012, the Defendant consented to the said loan agreement (hereinafter “instant loan”), and remitted the loans under the said loan agreement to the Plaintiff, and the Plaintiff remitted the transferred money to A.
After that, the Defendant alleged that the Plaintiff suffered losses due to the failure of the Plaintiff to take measures for the preservation of claims during the process of concluding the instant loan agreement, and claimed insurance proceeds based on the instant insurance contract against Seoul Guarantee Insurance, and Seoul Guarantee Insurance notified the Plaintiff of the claim for insurance proceeds on April 11, 2014.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 through 4 and 6, the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff alleged by the parties 1 shall receive all the documents necessary for the instant loan from A and deliver them to the defendant.