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(영문) 서울고등법원 2014.11.03 2014나2009036

손해배상(기)

Text

1. Revocation of the first instance judgment.

2. The plaintiffs' primary claims added in the trial are dismissed.

3. The plaintiffs.

Reasons

Basic Facts

The defendant is a company with the main purpose of life insurance business and asset management.

On December 5, 2007, and January 1, 2010, the Defendant entered into a contract with C with an insurance solicitor under the Insurance Business Act as the Defendant’s transfer agent. According to the contract, the Defendant’s transfer agent is an independent entrepreneur who is not the Defendant’s employee and is entrusted by the Defendant (such as brokerage of conclusion of insurance contracts, incidental business for maintenance of holding contracts, delivery of insurance subscription clauses, etc. for brokerage of conclusion of insurance contracts), and is paid a certain amount of fee according to the fee rules for transfer agent.

At around 208, Eul's evidence C referred to in Article 31 to 34, which solicited the plaintiff A to purchase insurance by holding the plaintiff as a site store of the defendant's D branch. On January 20, 2008, the plaintiff A, through C, purchased the defendant's Maga Social Insurance on Nov. 30, 2008, the defendant's comprehensive child security insurance on Nov. 30, 2008, and the defendant's non-dividend dividend contingency plan's non-dividend social insurance on Aug. 17, 2009.

The Plaintiff A asked C about the investment of surplus funds around July 2010 by the evidence Nos. 10 to 24 of Eul Nos. 10 to 10, 2010, and C heard from C the phrase “as there is a good of 18% interest rate, such as a safe deposit, that only a small number of branch offices or site stores among the employees belonging to the Defendant, can be sold.”

Accordingly, from July 2010 to August 2012, 2012, Plaintiff A delivered or remitted total of KRW 166,120,000 to C as shown in attached Table 1. It received KRW 76,816,700 from C.

Plaintiff

B around January 201, 201, the Plaintiff introduced C through Plaintiff A, and as such, the Defendant was recommended to subscribe to the goods of hives of hives as above.

Accordingly, from January 201 to August 201, 201, Plaintiff B is attached Form 2.

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