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(영문) 인천지방법원 2017.05.19 2016나63012

손해배상금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. From April 1, 2014, the Defendant entered into a service contract for the purpose of counseling, processing, and guidance on the Defendant’s telephone and Internet civil petitions, facsimile civil petitions, etc., between the Defendant and E- Man- Man (hereinafter “this case Man- Man”). Accordingly, from April 1, 2014, the customer counselors affiliated with this case provide guidance on the Defendant’s health insurance affairs, etc.

B. On October 16, 2015, the Plaintiff: (a) was engaged in a used vehicle sales business; and (b) asked the Defendant’s Civil Service Counseling Center for the confirmation of the amount of delinquent insurance premiums related to the attachment B to determine the sales price of the instant vehicle in the course of purchasing the vehicle from B (hereinafter “instant vehicle”); and (c) the customer counselor D, who belongs to the instant case, requested the Plaintiff’s inquiry to verify the amount of delinquent insurance premiums in arrears, and notified B of the fact that the amount of delinquent insurance premiums in arrears is KRW 1,196,810, after the process of identification.

In addition, D sent a text message to the Plaintiff's mobile phone at the request of B stating the amount of the above delinquent premium and the virtual account to pay it.

C. Meanwhile, although delinquent insurance premiums, etc., which serve as the basis for the instant vehicle seizure, are KRW 22,951,390 in total of the workplace health insurance premiums, pension premiums, employment insurance premiums, etc., D notified to B only KRW 1,1196,810 in arrears of the workplace health insurance premiums, etc., without omitting such notification.

On October 16, 2015, the Plaintiff entered into a used car sales contract with D on the instant vehicle at KRW 4,600,000 with regard to the instant vehicle, taking into account the above delinquent insurance premium notified D, and paid KRW 4,436,540 to the Defendant and the So-gu Office, etc. in order to terminate seizure on the instant vehicle, and completed repair of the instant vehicle at KRW 1,50,000.

【Unsatisfied facts, A’s 3.