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(영문) 서울고등법원 2015.09.11 2014나2050867

손해배상(기)

Text

1. The judgment of the first instance court, including the Plaintiff’s claim extended at the trial room, shall be modified as follows:

The defendant.

Reasons

1. The reasons for this part of the underlying facts are as follows. The court's reasoning is that "27,575,563 won" of the first instance court's first instance court's second letter "24,056,299 won" is as "24,056,299 won", and the second part of the first instance court's second part [which is the ground for recognition] is the same as the corresponding part of the judgment of the first instance court, except for adding Gap evidence 44 to "the second part of the judgment of the first instance.

2. The parties' assertion

A. Plaintiff 1) The Defendant, as an executive secretary, proposed the joint acceptance of the instant raw water insurance to participating companies, including the Plaintiff, or concluded the reinsurance contract with an insurance company with excellent credit rating, without examining whether F is able to conclude the reinsurance contract with the insurance company with an insurance company with an excellent credit rating, or whether F actually mediates the reinsurance contract with the Rod, and concluded the instant reinsurance contract with NWIC, which is an insolvent insurance company with no credit rating in fact, and caused the Plaintiff to incur damages by concluding the instant reinsurance contract with the Plaintiff. (2) If the Plaintiff had known that the Defendant had not concluded the reinsurance contract with the non-life insurance company with an excellent credit rating but had known that it would have concluded the reinsurance contract with the non-life insurance company with an insurance company with an excellent credit rating, the Defendant was obligated to pay the Plaintiff KRW 2,081,68,000,000,000 won converted from the insurance proceeds paid by the Plaintiff as damages for nonperformance or tort, and to pay the Plaintiff KRW 2,2485,2975,2757

The payment shall be primarily sought.

3. The plaintiff suffered losses due to the defendant's non-payment of the re-insurance proceeds on the wind of concluding the re-insurance contract with the defective re-insurance company, and the defendant converted the re-insurance proceeds into Korean won as compensation for default or tort.