구상금
1. The Defendants are jointly and severally liable to the Plaintiff KRW 80,000,000 and Defendant B with respect thereto from September 1, 2017 to September 5, 2018.
1. Basic facts
A. The Plaintiff is an insurer who runs non-life insurance business, etc., and entered into an insurance contract of “F” with Nonparty D as the insured through Defendant B (hereinafter “instant insurance contract”). Defendant B is an insurance solicitor affiliated to Defendant C, who designed to subscribe for the insurance to Nonparty D and was in the process of entering into the instant insurance contract. Defendant C is an insurance agent in charge of entering into the instant insurance contract as the employer of Defendant B.
B. However, Defendant B did not explain to the insurer that, when entering into the instant insurance contract with Nonparty D, it would be exempt from the liability to pay the insurance proceeds if it violated the notification obligation.
C. However, around 01:15 on June 10, 2016, the network E, the insured of the instant insurance contract, driven a two-wheeled vehicle, and died on the road below the highest level while the 2190 reading center was driving a two-wheeled vehicle in Nam-gu, Nam-gu, Nam-gu, Nam-gu, Gwangju. The Plaintiff demanded the payment of insurance money by asserting that the Plaintiff’s failure to perform the duty of explanation on the part of the beneficiary.
Recognizing the facts such as the paragraph, 200,000 won was paid as insurance money.
On the other hand, B acknowledged the fact that the Plaintiff had been paid insurance money due to its breach of its duty of care as above, and on August 22, 2017, B prepared a letter to the effect that, by August 31, 2017, the Plaintiff would pay KRW 80,000,000, which is 40% of the insurance money to be paid, to the Plaintiff (hereinafter “each of the instant forms”) to the Plaintiff by August 31, 2017.
【Fact-finding without a dispute over the grounds for recognition, entry of Gap evidence 1 through 8, the purport of the whole pleadings
2. Determination:
A. According to the above facts of recognition, Defendant B (i.e., the Plaintiff) is the employer of Defendant B, who is the respondent, and Defendant C is the employer of Defendant B.