손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. The defendant is an insurance company that runs the life insurance business, etc.
B. The Plaintiff heard from B, an insurance solicitor belonging to the Defendant, that “The amount of variable insurance that will be invalidated due to the failure to pay insurance premiums among the policyholders. Of the amount equivalent to the insurance premiums paid by the previous contractor, the Plaintiff changed the holder of the amount-variable insurance contract to the previous customer (or to restore the effect of an insurance contract invalidated by additionally paying some insurance premiums) after the Plaintiff paid some of the amount equivalent to the insurance premiums paid by the previous contractor, and then the Plaintiff changed the holder of the amount-variable insurance contract to the Plaintiff, and would have the Plaintiff obtain more money than the insurance premiums paid by the Plaintiff (including the insurance premiums paid by the existing customer) upon the lapse of the given period.” From December 2009 to January 201, the Plaintiff remitted the amount of KRW 118,814,400 to B as the name of the insurance premiums, etc., and the amount of remittance was accurately used and entirely transferred
C. B had the five insurance contracts under the name of G, E, C, and J among the nominal owners of the insurance contracts he/she manages, the five contracts were modified under the name of the Plaintiff. Each personal site personal social insurance (i.e., deed number H, ② deed number I) in G was modified on January 13, 2010, E’s eco-friendly social insurance (iii certificate number F) in the name of E on April 28, 2010, C’s eco-friendly social insurance (certificate number D) in the name of C was modified on May 31, 2010, and on July 15, 2010, respectively.
At the time of change of name, C, G, etc. prepared and submitted to the Defendant an application for change of name with the Plaintiff, and the Defendant confirmed the Plaintiff’s intent to change the name by telephone, and accepted the change of name.
At the time, the defendant did not recover the insurance policy from the existing subscribers, or did not repeat the insurance policy to the plaintiff.
E. The Plaintiff is an insurance premium for the insurance contract under the title C, as of October 2010.