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(영문) 광주고등법원(전주) 2019.12.19 2019나10267

손해배상(기)

Text

1. The plaintiff's appeal against the defendants and the plaintiff's claim expanded by this court is dismissed.

2. Defendant B-.

Reasons

1. Facts of recognition;

A. The instant insurance policyholder’s change and the primary withdrawn money 1) E are as of October 28, 201, D Co., Ltd. (hereinafter “D”).

(B) through the insurance solicitor B, the E himself is the insured and the beneficiary (hereinafter referred to as “contractor” in total,

2) The insurance described in the separate sheet (hereinafter referred to as the “instant insurance”).

(2) After E paid only one insurance premium, Defendant B solicited F to take over the instant insurance contract, and the F subscribed to the instant insurance contract on February 20, 2012, the insurance contractor of the instant case was changed to “Company” (hereinafter “G”).

F up to October 31, 2012, the 13-time insurance premium (130,000,000 total insurance premium) was paid. From the insurance of this case, the F withdrawn KRW 15,99,050 on July 25, 2012, and KRW 39,997,830 on October 31, 2012 from the insurance of this case.

(3) Defendant B purchased the instant insurance from F on December 3, 2012 at KRW 30,00,000, and changed the contractor to the Defendant Company. (B) On May 2014, the Plaintiff received a proposal to accept the instant insurance amounting to KRW 50,00,000,000, which was 13 times insurance premiums paid from Defendant B. (3) The Plaintiff accepted the instant insurance amounting to KRW 50,00,000,00.

hereinafter referred to as the "instant contract"

(2) On May 27, 2014, the Plaintiff transferred KRW 50,000,000 to Defendant B’s account.

In addition, around that time, the Plaintiff received a detailed statement of the insurance coverage of this case from Defendant B, a certificate of personal seal impression, a business registration certificate, and a copy of the identity card of Defendant Company H.

C. On October 8, 2014, the Plaintiff transferred KRW 240,000,000 to the Defendant Company’s account as the insurance premium. Accordingly, the Defendant Company prepared a cash storage certificate for the total amount of the insurance premium up to 37,000,000 won to the Plaintiff on the same day.