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(영문) 서울북부지방법원 2016.09.20 2015나34558

대여금

Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be principal lawsuit and counterclaim.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Facts of recognition;

A. The Plaintiff as a party is an insurance solicitor belonging to Samsung Life Insurance Co., Ltd. (hereinafter “Masung Life”) and the Defendant is a person who runs the business of trading the second class with the trade name “D” in Jongno-gu Seoul Metropolitan Government.

B. E’s conclusion and termination 1 of the instant 1 insurance contract with the Defendant (hereinafter “instant 1 insurance contract”) on January 5, 201, E, via the Plaintiff, operated D on January 5, 201, is an insurance contract with the insured, the insurance premium of KRW 3 million per month, the payment period of KRW 10 years, and the insurance period of KRW 10,000,000,000.

(2) On March 21, 2014, E concluded the first insurance contract of this case and received KRW 81,136,345, after deducting the principal and interest on insurance loans from KRW 12,95,95,985 as the termination refund, around 94,09,985.

C. On July 30, 2012, the Defendant entered into and terminated the instant 2 insurance contract (hereinafter “instant 2 insurance contract”) and the Defendant via the Plaintiff, via the Plaintiff, concluded and terminated the instant 2 insurance contract with the Defendant, the insured, the insurance premium of 1 million won per month, the payment period of 10 years, and the non-dividend variable pension insurance contract with the insurance period life (hereinafter “instant 2 insurance contract”).

A) Around December 2014, the Defendant concluded the instant secondary insurance contract and paid KRW 30 million in total over 30 times. (2) The Defendant collected KRW 4,850,000 from Samsung Bio-resources on August 1, 2014, and KRW 16,910,000, in total, KRW 4,850,000 on August 5, 2014, and KRW 16,910,000 on August 7, 2014. Since then on February 13, 2015, the Defendant terminated the instant secondary insurance contract and received KRW 7,100,102 on termination refund.

The Defendant’s conclusion and termination of the 3 insurance contract of this case) on September 1, 2013, the Defendant, via the Plaintiff, concluded and terminated the 3 insurance contract of this case, is the Defendant, the insurance premium of KRW 593,00 per month, the payment period of KRW 5 years, and the smart base social insurance contract of the insurance period of the Plaintiff (hereinafter “the 3 insurance contract of this case”).

of this title. A contract shall be entered into and made on January 2014.