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(영문) 부산지방법원 2019.10.16 2018나44715

구상금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On October 22, 2009, the Plaintiff is an insurer who entered into a “D Insurance” (hereinafter “D Insurance Contract”) with C, and the Defendant is an insurance solicitor of the insurance agency that entered into the contract with the Plaintiff, who recruited the instant insurance contract.

B. At around 08:00 on February 2, 2016, C was driving a vehicle at one’s workplace located in Seongbuk-gun, Seongbuk-gun, and was faced with an accident falling below 3 meters, and due to this accident, C was suffering from a pro rata disability equivalent to the total of 105% of the payment rate in the disability classification table, such as disability in the bones, etc.

(hereinafter referred to as “instant accident”). C.

C at the time of the conclusion of the instant insurance contract, at the time of the instant accident, served as the manufacturer of printed straws, and served as the manufacturer of packaged machinery at the time of the instant accident, and according to the Plaintiff’s vocational straws, all of them should be classified into class 2.

However, C’s “work place” of the instant insurance contract written by the Defendant was indicated as “company” and “handling affairs” as “office affairs,” and accordingly, C’s occupation was classified as “other sales and production department employees (class 1).”

In the instant insurance contract, the insurance amount to be paid to C according to the instant accident is KRW 51,793,384 if the amount of the injured water falls under Grade 2, and KRW 100 million if the amount of the injured water falls under Grade 1. The Plaintiff paid KRW 100 million to C on January 23, 2017.

[Ground for Recognition] : Facts without dispute, Gap's entries, Gap's 1, 2, 3, 4 (including virtual numbers), 6, 7, and the purport of the whole pleadings

2. The Plaintiff’s assertion that the Defendant: (a) notified F, the wife of C, to be a production worker in the process of soliciting the instant insurance contract; (b) concluded an insurance contract by arbitrarily entering it in the subscription form for the insurance contract; and (c) in around 2011, C did not notify the Defendant of the change in the supply of injury, even though C had requested the change in the supply of injury to the Defendant.