대여금
1. The Defendant’s KRW 6,500,303 as well as the Plaintiff’s annual rate of KRW 5% from April 27, 2018 to June 12, 2019, and the next day.
1. Basic facts
A. The Plaintiff is the head of the branch office of the Songpa Central Branch of C Co., Ltd. (hereinafter “C”), and the Defendant is the insured of C insurance products.
B. On April 14, 2011, the Defendant, via an insurance solicitor D, concluded each insurance contract consisting of the insured E, insurance premium 1,382,760 and the husband of the insured E, F, insurance premium 1,939,050.
(hereinafter the above two insurance contracts are “instant one insurance contract” (hereinafter “instant one insurance contract”).
In other words, on September 28, 2012, the Defendant concluded, respectively, the insurance contracts consisting of the insured E, insurance premium 1,502,120 and the insured F, insurance premium 2,022,750 between C and C through an insurance solicitor D.
(2) The Plaintiff, on behalf of the Defendant, paid KRW 3,546,620 (=1,502,1202,120), KRW 2,504,50 on behalf of the Defendant for the instant two insurance contracts. On the other hand, D solicited each of the above contracts using the name of G and H in order to receive a large amount of fees. The first insurance premium was paid KRW 3,546,620 (i.e., 1,502, 502, 2,044,50). The instant two insurance contracts became null and void.
On June 7, 2013, the Defendant received insurance premium of KRW 24,751,380 from C and remitted it to the Plaintiff.
On March 5, 2013, the Defendant concluded, through an insurance solicitor D, insurance contracts consisting of the insured E, insurance premium 1,549,120 and insurance contracts consisting of the insured F, insurance premium 2,112,180.
(2) The Plaintiff paid the total premium of KRW 58,131,480 on behalf of the Defendant from the first to nine occasions of the instant three insurance contracts, and from the first to the 17th time, the Plaintiff paid the total premium of KRW 58,131,480.
E. The Plaintiff received KRW 18,010,162 from the Defendant on March 23, 2017 and KRW 26,977,395 on April 19, 2017.
[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 2, 4, Gap evidence 5-1, 2, Eul evidence 1, and the purport of the whole pleadings
2. Judgment on the parties' arguments
A. Summary of the assertion 1. Plaintiff