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(영문) 전주지방법원 2019.01.09 2018가합3112
손해배상(기)
Text

1. Of the instant lawsuit, the part of the claim to confirm that the Plaintiff had the right to insurance indicated in the separate sheet.

Reasons

1. Basic facts

A. Defendant B was an insurance solicitor of D Co., Ltd., and on October 28, 201, Defendant B managed the insurance as indicated in the separate sheet (hereinafter “instant insurance”).

B. On February 20, 2012, Defendant B changed the policyholder and the beneficiary of the instant insurance (hereinafter collectively referred to as “subscriber”) to “G” by requiring the F to take over the insurance, and the F paid KRW 130,000,000 on October 13, 2012.

F was paid out of KRW 65,99,050 as of July 2, 2012, and KRW 39,997,830 as of October 31, 2012 as the installment insurance amount, and KRW 65,996,830 as of October 31, 2012.

C. On December 3, 2012, Defendant B agreed to take over the insurance amounting to KRW 30,000,000 from F, and changed the policyholder of the instant insurance from the Defendant Company to the Defendant Company by lending that name.

On May 2014, the Plaintiff was askeding to acquire KRW 50,000,00 for the instant insurance that had been paid 13/13 of the insurance premium from Defendant B. On May 27, 2014, the Plaintiff transferred KRW 50,000 to Defendant B as a director of the Defendant Company’s acquisition of the instant insurance, and received from Defendant B a certificate of identity and confirmation, a certificate of seal impression of the Defendant Company’s company, a certificate of business registration, a certificate of business registration, and a statement of insurance coverage.

hereinafter referred to as the "instant contract"

E. On October 8, 2014, the Plaintiff borrowed KRW 20 million from the Defendant Company, and transferred KRW 240,000,000 to the Defendant Company as the instant insurance premium. On October 15, 2014, the Defendant Company paid the instant insurance premium from 14 minutes to 37 times.

In addition, on July 7, 2015, the Plaintiff transferred KRW 79,585,00 to the Defendant Company as the restitution insurance premium, and the Defendant Company paid the insurance premium from 38 minutes to 45 times on the same day.

Defendant Company kept 370,000,000 won to the Plaintiff on October 8, 2014.

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