logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.09.13 2016가단5110607
손해배상 청구 등
Text

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

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

Reasons

1. Facts of recognition;

A. The status of the party as the representative director of D Co., Ltd. (hereinafter “Plaintiff-Operation Company”) for the development of health functional foods, manufacture and distribution business, etc., was known of the Defendant C, who was working for the Defendant B Co., Ltd. (hereinafter “Defendant Company”), at the meeting of friendship groups, as the insurance solicitor of the Defendant B Co., Ltd. (hereinafter “Defendant Company”).

B. On December 27, 2011, the Plaintiff entered into the instant insurance contract with Defendant C as an insurance solicitor, and entered into the “F insurance contract” with the Defendant Company’s contractor, the insured, the hospitalization, and the beneficiary in the event of disability as the Plaintiff, and the beneficiary in the event of death as the Plaintiff E., the Plaintiff entered into the instant insurance contract with the beneficiary at the time of death with the Plaintiff’s 60% type of bond type, 40% type of bond type, 50 million won amount of insurance, insurance period, 10 years of insurance period, 2,371,650 won per month of the paid-in premium (hereinafter “instant insurance contract”).

(2) The Plaintiff paid KRW 18,807,160,00 in total on eight occasions from December 28, 2011 to July 20, 2012 as the insurance premium pertaining to the instant insurance contract by automatic transfer from the Plaintiff’s G Bank account (H), and thereafter did not pay the insurance premium thereafter.

C. On January 25, 2013, Defendant C requested the Plaintiff to restore the instant insurance contract because the Plaintiff did not pay the insurance premium, and Defendant C requested the Plaintiff to recover the instant insurance contract. On January 25, 2013, Defendant C deposited KRW 14,348,150 to the Plaintiff’s insurance premium payment account, which the Plaintiff paid to the Defendant Company, and made it withdrawn to the Defendant Company with the Plaintiff’s consent. On the other hand, the Defendant Company purchased and received products, such as the Plaintiff’s call halog, etc. corresponding to the said insurance premium from the Plaintiff. (2) The Defendant Company had the nurse I visit the Plaintiff on or around January 28, 2013 for the medical examination of the Plaintiff necessary for the restoration of the instant insurance contract.

arrow