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(영문) 부산지방법원 2014.05.23 2013나21229

손해배상(기)

Text

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.

Reasons

1. The plaintiff's assertion

A. Defendant lot Loss Insurance Co., Ltd. (hereinafter “Defendant Company”) is the employer of Defendant B, and Defendant B is the insurance solicitor.

B. Upon the recommendation of Defendant B, the Plaintiff concluded three insurance contracts with the Defendant Company in the name of Defendant C.

(1) UP health insurance (Insurance premium 268,630 won) (2) savings insurance (Insurance premium 2,000,000 won) (3) savings insurance (insurance premium 2,00,000 won) to be happy in a non-dividend lot (Insurance premium 71,960 won per insurance premium)

C. Defendant B visited the Plaintiff at each time to collect the premium, and Defendant B embezzled the sum of the 10th and 9th to 9th insurance premium paid by the Plaintiff, and the 1 and 2th insurance premium paid by the Plaintiff to the Defendant Company. Defendant B embezzled the sum of the 10th and 3th insurance premium paid by the Plaintiff and the 2,340,590 won of the 2,340,590th insurance premium paid by the Defendant Company.

The Plaintiff requested Defendant B to change the above insurance, which was subscribed to in the name of Defendant C, to the Plaintiff’s name D, but Defendant B did not comply with without any justifiable reason.

E. In addition, Defendant B did not comply with the payment procedure of insurance money, even though the Plaintiff applied for insurance money with documentary evidence attached thereto.

F. Accordingly, Defendant B is a tort, and the Defendant Company is jointly and severally liable to pay the Plaintiff the total amount of insurance premium paid by the Plaintiff to the Plaintiff, namely, KRW 9,405,90 and KRW 5594,100 due to the Plaintiff’s failure to comply with the Plaintiff’s request for change of name or payment of insurance premium, and the total amount of KRW 15 million and delay damages therefrom.

2. In light of the judgment, the evidence presented by the Plaintiff alone that Defendant B embezzled the insurance premium.

or, without any reason, it is not sufficient to recognize that there was a change of name or failure to comply with a request for the payment of insurance proceeds, and each of the statements in Section B 1 through 5 (including numbers, if any).