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(영문) 서울중앙지방법원 2018.06.29 2017가합574675

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a company operating an insurance business prescribed by the Insurance Business Act, and C works as an insurance solicitor belonging to D, an insurance agency which represents the conclusion of insurance contracts on behalf of multiple insurance companies (hereinafter “instant insurance agency”), and was engaged in insurance solicitation with the position of the team leader.

B. On March 2014, C had the Plaintiff with the insurance “E” (hereinafter “instant insurance”), and upon termination, paid 20,000,000 won per month each month, the principal shall be guaranteed and the interest of 4-6% per month shall be paid. Upon the payment of the premium in advance, C had subscribed to another insurance product with a high interest rate, but paid the premium at the cancellation refund after cancellation in line with the payment period of the instant insurance premium, and then had the Plaintiff paid the remaining interest to the Plaintiff. From March 28, 2014 to March 24, 2015, C received a total of KRW 420,000 from the Plaintiff to the account in the name of C as follows: < Amended by Act No. 12514, Mar. 28, 2014; Act No. 13388, Mar. 24, 2015>

Newly Inserted by Presidential Decree No. 1741, Apr. 4, 2014; Presidential Decree No. 17450, Oct. 21, 2014; Presidential Decree No. 1750, Oct. 30, 2014; Presidential Decree No. 1750, Apr. 20, 2014; Presidential Decree No. 17505, Apr. 20, 2014; Presidential Decree No. 17458, Oct. 14, 2014; Presidential Decree No. 17458, Oct. 20, 2005; Presidential Decree No. 17458, Apr. 20, 2005; Presidential Decree No. 1 Presidential Decree No. 1 Presidential Decree No. 1750958, Apr. 23, 2014; Presidential Decree No. 1 Presidential Decree No. 1750817, Oct. 14, 2015>

C. However, the Plaintiff was not insured, and the Plaintiff filed a claim for damages against C with the Seoul Northern District Court 2015Gahap23981, which was the Seoul Northern District Court. On September 28, 2016, the said court recognized on September 28, 2016 that the Plaintiff suffered damages equivalent to the amount paid as the insurance premium, including the above remittance amount, and recognized that “C” was the Plaintiff.

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