손해배상(기)
The plaintiff's claim against the defendants is dismissed in entirety.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. The Plaintiff is a company running the construction machinery maintenance business. D is the Plaintiff’s representative director, and E is the Plaintiff’s director, and Defendant B is an insurance company running the insurance business. Defendant C is a person who works as an insurance solicitor of Defendant C while working as the representative director of F Co., Ltd. operating the management consulting business.
B. D and E (hereinafter collectively referred to as “D, etc.”) were engaged in construction machinery maintenance business as a partnership business; however, Defendant C was aware of the process of converting a personal business entity into a corporation; Defendant C obtained management consultation from Defendant C on the procedures for the establishment of a corporation, tax and accounting management; instead of paying consulting cost, Defendant Company entered into an insurance contract with the company instead of paying consulting cost.
C. D On July 18, 2018, between the Defendant Company and the Defendant Company, “G insurance, one of the insurance products of the Defendant Company” (hereinafter “instant insurance”).
The insurance policy was concluded between the policyholder and the insured, the insurance amount of KRW 570,00,00, the insurance amount of KRW 2,167,360 per month, the insurance amount of KRW 2,167,360 per month, and the payment period of KRW 10 years from July 2018 to June 6, 2028, and the H branch in charge. On the same day, E concluded the insurance contract between the policyholder and the insured, the insurance amount of KRW 500,000,000 per month, the insurance amount of KRW 2,158,250 per month, the insurance amount of KRW 10 from July 2018 to June 2028, the insurance period of KRW 10, the insurance period of KRW 2,158,250, and the payment period of KRW 30 from the point in charge.
The sum of the above insurance contracts is 'each insurance contract of this case'.
D, around November 19, 2019, the policy holder of each of the instant insurance contracts was changed to the Plaintiff, respectively.
After the conclusion of each insurance contract of this case, D is until July 13, 2019; E pays each insurance premium until August 14, 2019; and subsequent insurance premium is not paid; and the Plaintiff was based on February 7, 2020.