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(영문) 서울고등법원 2014.10.16 2014나26417

손해배상(기)

Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

2...

Reasons

1. Occurrence of liability for damages;

A. In fact, the insured and the beneficiary (in the case of injury), the general injury (basic contract) insurance amounting to KRW 334,000 per month of the Plaintiff’s insurance premium, KRW 1 billion insurance period from January 13, 2007 to January 13, 2057, the insurance coverage amounting to KRW 10 million under the General Injury Medical Expenses Guarantee Contract (hereinafter “instant insurance”) insurance period of KRW 10 million from January 13, 2007 to January 13, 2012, C, an insurance solicitor belonging to the Defendant’s government branch B business office, around January 2007, shall be the Plaintiff’s non-dividend Lfababa (hereinafter “instant insurance”).

(2) On January 13, 2007, the Plaintiff solicited to subscribe to the instant insurance, which was delivered by C on January 13, 2007, additionally stated the terms necessary for the subscription of the instant insurance, such as “contract subscription form”, “major content guidance,” and “requirements for the preceding notification of the contract,” and then again delivered each of the above documents (hereinafter “instant subscription documents”) to C. The Plaintiff wired KRW 334,000 for the first insurance premium to the Defendant’s deposit account in one bank known by C, and received the said receipt from C in the name of the Defendant representative director in relation thereto.

3) However, C left the above B’s office without submitting the instant subscription document received from the Plaintiff to the Defendant or the above B’s office. On January 14, 2007, the following day after the drawing up of the subscription document of this case, the Plaintiff moved to the future work from the frequency of the E’s operation at Sinpo City E around 23:20 on January 14, 207, and the knife on the future work (hereinafter “instant first accident”).

) In the meantime, a medical corporation, from the 15th day of the same month to the 27th day of the same month, obtained medical treatment from Ganan-gu medical corporation, and thereafter, on the 28th day of the same month, from the house located in Seoul F-gu, to the point where the excessive amount falls into the left (hereinafter “instant No. 2 accident”).

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