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(영문) 서울동부지방법원 2018.11.02 2018가단7314

손해배상(기)

Text

1. The Defendant shall pay KRW 58,957,732 to the Plaintiff and KRW 15% per annum from May 29, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. On May 14, 2013, the Defendant concluded an insurance solicitor commission contract with the Plaintiff, which is a general insurance sales company that performs the business of insurance company as an agent for insurance contracts, and performed the business of acting as an agent for concluding an insurance contract and acting as an intermediary pursuant to the said contract, and was paid an agreed commission, reward, etc.

B. On May 31, 2013, the Defendant entered into an insurance contract with the policyholder B to pay KRW 300,000 per month insurance premium, including entering into a total of 32 insurance contracts with the policyholder B, and paid KRW 300,000 per month, and paid the insurance premium to the Plaintiff at least eight times in the name of each policyholder. From June 25, 2013 to November 25, 2013, the Defendant received KRW 64,957,732 in total from the Plaintiff to November 25, 2013 as the fee, etc.

C. Since then, the defendant

B. In relation to the conclusion of the above 32 insurance contracts, “The above 32 insurance contracts are not the genuine contract that policyholders continued to maintain their insurance contracts and have concluded with the intention to pay the monthly insurance premiums properly, but the defendant concluded a false contract by lending only the name of the policyholders and paying the insurance premiums more than eight times at one time. At the time, the defendant was in a situation where it is possible for the defendant to pay the insurance premiums in lieu of the insurance solicitation fees without any particular capital, and even though the defendant did not have the intent or ability to pay the premiums continuously so as not to terminate or lose the insurance contracts concluded under the above name, it shall be reported as if the contract was concluded with the plaintiff, and it shall be received from the plaintiff with the payment of KRW 64,957,732 from the plaintiff under the pretext of fees, etc.” on June 17, 2015, and shall be punished as criminal facts and punished by imprisonment with prison labor of the Seoul Western District Court Decision 2014Ka170, Jun. 6, 2015.