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(영문) 서울중앙지방법원 2018.06.04 2017가단5027160

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Defendant B concluded a contract with the Defendant Company for commission of insurance solicitors, and was an insurance solicitor who performed the insurance solicitation business.

B. In the name of the Plaintiff, the insurance contract between the Defendant Company and the Defendant Company (hereinafter “each of the instant insurance contracts”) was concluded according to the sequences above, as shown in the attached Table.

around July 2013, Defendant B asked the Plaintiff to open an account under the Plaintiff’s name. On July 9, 2013, the Plaintiff allowed the Plaintiff to open an account under the Plaintiff’s name (hereinafter “D Bank account”) and to use it by Defendant B.

C. After the termination of each of the instant insurance contracts, the termination refund stated in the “paid” column on the date indicated in the “Payment Date” column was deposited into the account in the name of the Plaintiff.

[Grounds for Recognition] Unsatisfy, entry in Gap 2-5 evidence (including branch numbers), the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff entered into an insurance contract Nos. 1 through 4 via Defendant B without the Plaintiff’s permission, and Defendant B forged documents and concluded an insurance contract Nos. 5 through 13 without the Plaintiff’s permission, and concluded an insurance contract No. 14 by forging documents via E.

Defendant B arbitrarily terminated each of the insurance of this case by means of communicating the Plaintiff at the call center of the Defendant Company, and used the termination refund.

Plaintiff

The amount of KRW 50,409,942 stated in the purport of the claim, which deducts the money deposited by the Defendant company in the F Bank account under the name of the F Bank account or the Industrial Bank account (hereinafter “F Bank account”) from the insurance premium transferred from the F Bank account or the Industrial Bank account (hereinafter “Industrial Bank account”) to the Defendant Company, is the Plaintiff’s loss. Defendant B shall pay the said money to the Plaintiff as compensation for tort

Defendant B as an insurance solicitor of the Defendant Company, and under the name of the Plaintiff.