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(영문) 서울중앙지방법원 2019.12.13 2017가합513946

손해배상(기)

Text

1. As to KRW 340,052,50,504 among the Plaintiff and KRW 320,000,000 among the Plaintiff, Defendant B shall be from January 23, 2015 to November 1, 2018.

Reasons

1. Basic facts

A. Defendant C Co., Ltd. (formerly: D Co., Ltd.; hereinafter “Defendant Co., Ltd.”).

(2) On July 2013, the Plaintiff: (a) concluded an insurance contract with the Defendant Company and its subscription amount of KRW 260,000,000; (b) the insurance period and payment period; (c) one year and six months; and (d) “E” that is the policyholder and the insured (hereinafter “instant primary insurance contract”); and (c) transferred the amount of KRW 150,000,000 to the Defendant Company’s account (G) and KRW 260,000,000,000,000 to July 9, 2013.

3) Around January 2015, the Plaintiff recommended Defendant B to extend the instant primary insurance contract under the same conditions as the previous one, and expressed his/her intent to extend the instant primary insurance contract to Defendant B. (b) On January 23, 2015, the Plaintiff, upon the Defendant B’s recommendation, transferred KRW 380,000,000,000 for the Defendant Company’s insurance premium and subscription amount, KRW 388,000,000,000,000 for insurance premium, insurance period and payment period, KRW 3.9% for the insurance policy, and “E” for the policyholder and the insured (hereinafter “instant secondary insurance contract”). On January 23, 2015, the Plaintiff wired KRW 380,000,000 to the H bank account (I) of Defendant B as the insurance premium.

2) Around July 2016, the Plaintiff recommended Defendant B to extend the instant secondary insurance contract under the same conditions as the previous one, and expressed his intent to extend the instant primary insurance contract to Defendant B. C. The Defendant B, at the time of signing the instant first and second insurance contract, had “high interest rate” to the Plaintiff at the time of signing the instant first and second insurance contract.

The products of the instant 1 and 2 insurance contracts are 4.05% per annum, 3.9% per annum, and their respective results.