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(영문) 서울고등법원 2016.10.13 2015나2076132

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against Defendant C, Co., Ltd. and C, shall be revoked, and that part shall be revoked.

Reasons

1. Facts of recognition;

A. The status of the parties 1) Defendant Bobro Life Insurance Co., Ltd. (the trade name was “ABD Co., Ltd.”), changed to “AS Life Insurance Co., Ltd.” on February 1, 2011, and changed as of September 1, 2016.

hereinafter referred to as “Defendant Company”).

(2) Around July 2008, Defendant B served as an insurance solicitor (former insurance solicitor) of the Defendant Company, and Defendant C served as an insurance solicitor of the Defendant Company around May 201.

B. A policyholder related to an insurance contract: The Plaintiff, the insured, and the beneficiary (person who receives the insurance proceeds) of the Plaintiff: (a) death insurance money D (100%), hospitalization, disability: the insurance period of the Plaintiff’s principal contract between July 16, 2008 and July 16, 2008, the aggregate insurance premium of KRW 3 million per month from July 3, 2000 (electric payment, monthly payment, 30% of the total insurance premium), NYL LEL fund 20%, NYHD fund 20%, NYLF fund 50%, 50%, and 1) the Plaintiff as an insurance solicitor of the Defendant Company on July 18, 2008, as follows: < Amended by Presidential Decree No. 20694, Jul. 18, 2008; Presidential Decree No. 20320, Jul. 13, 2008>

(2) The Plaintiff, by August 15, 2009, paid 300,000 won monthly insurance premium of KRW 42 million by August 14, 2009, pursuant to the instant insurance contract. The Plaintiff withdrawn KRW 1,714,00 on August 20, 209.

Insurance policy holders related to a product name-free dividend ACE LIFE PEPL change Ⅱ (Accumulation/SAFL minimum death guarantee type)/life insurance policy: The Plaintiff, the insured (insured) and the beneficiary (beneficiary): Death insurance amount - The amount of death insurance - the total insurance premium of KRW 10 million from May 23, 201 to end of May 23, 2011 (100%) insurance period of the State contract - the amount of total insurance premium of KRW 10 million from May 23, 201 to end of May 23, 201 (electric payment, monthly payment), the fund investment ratio of KRW 35%, the growth fund 35%, LDD Fund 30%, the growth fund 30%.