손해배상
1. Of the principal lawsuit of the judgment of the court of first instance, a claim for a loan and a counterclaim claim were already finalized by the court of final appeal.
1. Scope of the adjudication of this court after remand;
A. 1) In the first instance trial, the Plaintiff is a stock company C through the Defendant (hereinafter “C”).
A) After having subscribed to the insurance of the Plaintiff, the Defendant was in charge of insurance management. From around 1996 to around 201, the Defendant was issued C’s card using the Plaintiff’s identification card, and the Plaintiff committed a tort to obtain a loan by taking out insurance proceeds as security. As a result, the Plaintiff suffered damages equivalent to KRW 71,809,814 of the principal and interest of the loan of insurance contract, thereby claiming compensation for damages equivalent to KRW 15 million. Accordingly, the Defendant against the Plaintiff, around June 2008, filed a claim against the Plaintiff for reimbursement of KRW 2,50,000,000 and KRW 5,153,000,000, which was unpaid from the settlement of accounts due to monetary relations, and the Plaintiff claimed compensation for damages exceeding KRW 30,000,000 and KRW 30,000,0000, the first instance court ordered the Defendant’s claim as well as KRW 31,301,000.
B. B. 1 Before the remanding, the Plaintiff remitted total of KRW 225,63,640 to the Defendant for the purpose of paying the premium, and the Defendant paid KRW 119,321,332 among them, and the Plaintiff’s order by the Plaintiff, except that he remitted total of KRW 2,60,000 to the N, who is the son, was using the Plaintiff’s insurance money as security, and sought a total of KRW 71,809,814 as well as a total of KRW 175,52,122 as well as delay damages therefrom.