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(영문) 부산지방법원 2015.09.16 2014가합9499

약정금 등

Text

1. Defendant C’s KRW 286,60,000 and its amount shall be 5% per annum from April 3, 2014 to September 16, 2015.

Reasons

1. Determination as to the Plaintiff’s claim against Defendant C

A. 1) Fact finding 1) Interesting State Fire and Marine Insurance Co., Ltd. (hereinafter “interesting State Fire”)

Defendant C, an insurance solicitor belonging to his agency, may bring more interest income if he accepts or succeeds to an existing policyholder’s insurance than a new insurance policy to the Plaintiff around March 2013. However, if the Plaintiff paid in a lump sum the insurance premium of KRW 297,200,000 according to the above insurance contract to the Plaintiff, the Defendant C, as an insurance solicitor, recommended that he would take over the insurance contract he purchased from the Defendant B. In doing so, if the Plaintiff paid in a lump sum the insurance premium of KRW 297,200,000 according to the above insurance contract, the insurance premium of KRW 58,00,000 on November 25, 2013; KRW 10,000 on December 1, 2014; KRW 36,00,000 on January 1, 2014; and

2.1. 90 million won, and the same year;

4.2.2.70 million won was agreed to have a total of KRW 354 billion paid.

2) The Plaintiff accepted Defendant C’s above solicitation and entered into an insurance contract with the Heung Fire as indicated in the table below that Defendant B subscribed to the Heung Fire. On March 8, 2013, the Plaintiff transferred KRW 297,200,000 to the account designated by Defendant C, including the sum of KRW 130,430,000 won on March 8, 2013, KRW 56 million on the 11.5,66 million on the same month, KRW 7,50,000 on the 12.7,65 million on the same month, and KRW 30,40,000 on April 25, 2013. The Plaintiff already received KRW 108,000,000 from each of the above insurance contracts, KRW 108,000 (E), F (G), and KRW 11111, K (K) on the 1204,000,000 on each of the above insurance contracts.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 to 2, purport of the whole pleadings

B. According to the above facts of recognition, Defendant C shall be entitled to KRW 354 million of the insurance money that the Plaintiff has to receive from the State Fire pursuant to the above agreement.