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(영문) 서울중앙지방법원 2018.01.31 2017가단5144140

구상금

Text

1. Defendant A shall pay to the Plaintiff KRW 39,194,230 and the interest rate of KRW 15% per annum from December 17, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. The relationship 1) The Plaintiff is an insurance company running life insurance business and related incidental business. The Defendant A entered into an insurance solicitor commission contract with the Plaintiff around March 201, and was an insurance solicitor belonging to the Plaintiff’s branch. The Defendant C&A Co., Ltd. (hereinafter “Defendant Company”) is a company engaging in insurance agency business and completed registration in accordance with the Insurance Business Act.

From around 2007, Defendant Company entered into a life insurance agency contract that is entrusted by the Plaintiff with the duties of acting as an agent for concluding insurance contracts.

B. Defendant A’s crime 1) aware of the fact that Defendant A received KRW 100 million as the insurance money for the diagnosis of her leuk line, the son, and around December 22, 2014, Defendant A transferred KRW 100 million to the Plaintiff’s virtual account as an insurance policy on December 24, 2014, the amount of insurance money to KRW 100 million is better for his father E. If KRW 100 million is the State, the amount of insurance money to KRW 50 million shall be paid to the insurance company as the insurance money, and the remainder of KRW 50 million shall be paid to the insurance company. 2) transferred KRW 100 million to the Plaintiff’s virtual account as an insurance policy on December 24, 2014.

C On December 26, 2014, between the Plaintiff and the Plaintiff, the Plaintiff entered into an insurance premium of KRW 100 million, the insured F, the beneficiary F, the beneficiary F, and the beneficiary statutory heir at the time of death, and entered into a contract of (free) hydrocheon franchise insurance with the beneficiary.

(hereinafter “instant insurance contract”). Defendant A requested G, an insurance solicitor belonging to the Defendant Company, to recruit the instant insurance contract as an insurance solicitor.

3) Defendant A asked C to terminate the instant insurance contract. Accordingly, C terminated the instant insurance contract in the name of F on January 2, 2015, and was refunded KRW 100 million to the national bank account in the name of F. 4) Defendant A was insured to C in the name of father E.

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