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(영문) 서울중앙지방법원 2016.09.22 2015가합504283

보험료반환 청구의 소

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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that runs the business of manufacturing glass special glass glass and glass processing, and Defendant Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Defendant Samsung Fire”) is a corporation that runs an insurance business under the Insurance Business Act.

Defendant Epicers Co., Ltd. (hereinafter “Defendant Epicers”) are corporations that run insurance agency business dealing with insurance products of many insurers until August 30, 2014.

Defendant B is an insurance solicitor (Risk Consultant) who was affiliated with Defendant Esult (after August 30, 2014, it belongs to Esult Co., Ltd.) and Defendant C is the branch office of Defendant Samsung Fire.

B. Around September 201, the Plaintiff’s intra-company director D knew Defendant B through the introduction of the branch, and around the end of January 201, Defendant B had to subscribe to fire insurance for the Plaintiff’s factory in the Chungcheongnam-gun E (hereinafter “instant factory”). However, the Plaintiff recommended fire insurance products suitable for the said factory.

around February 2012, Defendant B visited the factory of this case with Defendant C to inspect the site, and collected the Plaintiff’s financial statements, inventory assets, machinery and equipment necessary for the design of fire insurance.

C. On February 6, 2012, the Plaintiff entered into an insurance contract with Defendant Samsung Fire, Ltd. (hereinafter “instant insurance contract”) with the content of paying KRW 5 million monthly insurance premium at the expiration of 10 years, on the recommendation of Defendant Samsung Fire, Ltd. (hereinafter “instant insurance contract”).

The main contents thereof are as follows:

Insurance period from February 6, 2012 to February 6, 202: Amount of insurance premium for ten years from February 6, 2012: KRW 5 million [Guarantee 2,732,560 (=Guarantee 2,732,560 (=basic special agreement of KRW 63,970), KRW 2,267,440] Guarantee: Separate payment / Insurance Coverage Amount of KRW 10-year fire security (building) Basic Fire Security (building) with 10-year housing: KRW 10,930,000,000.

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