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(영문) 서울남부지방법원 2019.06.28 2018가합112704

손해배상(기)

Text

1. Defendant F: (a) KRW 281,954,713; (b) KRW 124,79,890; (c) KRW 51,774,757; and (d) Plaintiff D.

Reasons

1. Basic facts

A. Defendant E Co., Ltd. (hereinafter “E”) is a stock company that runs insurance business, etc., and Defendant F entered into a commission contract with Defendant E and carried out activities as an insurance solicitor with a title stating the title of “E Smart Complex Head”.

B. The Plaintiffs paid the premium upon the solicitation of Defendant F by concluding an insurance contract with Defendant E (hereinafter “each of the instant insurance contracts”).

Part of the termination refund, etc. was terminated and received.

Each of the instant insurance contracts included the characteristics of the variable insurance, in which part of the premium paid was invested in a dangerous asset, such as stocks, and the insurance money to be paid or the refund for termination was determined according to the management performance.

Accordingly, the plaintiffs' termination refund was lower than the plaintiffs' paid-in premiums.

The details are as shown in the attached Table 1 "Detailed Details of the plaintiffs' purchase of insurance."

C. Meanwhile, when concluding a “fund investment contract” with Defendant F, the Plaintiffs agreed that, if the Plaintiffs invested a certain amount to Defendant F, Defendant F shall pay the Plaintiffs a interest of 10% or 25% per annum on a yearly basis of the amount invested, and in any case guarantee the principal.

Accordingly, Plaintiff A invested KRW 440,250,00 from July 10, 2015 to April 3, 2017; Plaintiff B invested KRW 134,00,000 from June 23, 2016 to May 1, 2017; and Plaintiff C invested KRW 30,000,00 on July 18, 2016.

The detailed details are as shown in the attached Table 2 “The details of investment in Plaintiffs A, B, and C.”

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 5 through 7, Eul evidence 27, the purport of the whole pleadings

2. Claim against Defendant E

A. The plaintiffs asserted that they are liable for damages due to breach of the duty to explain and the suitability principle regarding insurance contracts are paid insurance premiums on the wind of entering into each insurance contract of this case due to the following illegal acts committed by Defendant F.