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(영문) 대전지방법원홍성지원 2014.08.28 2014가합106
손해배상(기)
Text

1.(a)

Defendant C shall pay to Plaintiff A KRW 190,194,890, KRW 269,550, and each of the above amounts to Plaintiff B.

Reasons

1. Basic facts

A. Defendant Samsung Life Insurance Co., Ltd. (hereinafter “Defendant Samsung Life Insurance”) is an insurance company with the aim of insurance business, etc. run under the Insurance Business Act. Defendant Samsung Life Insurance Co., Ltd. (hereinafter “Defendant Samsung Life”) performed the business of gathering examination, etc. as a company insurance and personal insurance designer belonging to Defendant Samsung Bio Life Ltd.

Since June 22, 2012, the Plaintiffs traded the purchase of Defendant Samsung Bio-resources and insurance products and the payment of insurance premiums through Defendant C.

B. On July 24, 2012, Plaintiff C’s tort on the advance payment of life-long insurance premiums (hereinafter “A”) purchased the Defendant Samsung Bio-resources’s TRP C’s TR insurance product, including the details of guarantee of KRW 20,000,00,000, and subsequently, Defendant C was diagnosed as A in the course of the health examination around August 2012. (2) Defendant C’s her wife at a pharmacy operated by the Plaintiff A in Boh-si around October 9, 2012, the date of the insurance policy should be more than three months from the date of the insurance policy. Since it would be likely that the Plaintiff C’s wife would have subscribed to the insurance prior to the date of the insurance policy, it would change the insurance premium by advance payment for several months. As the husband and wife subscribed to the insurance at a similar time, it would be false that the insurance premium is paid in advance as well as the insurance premium paid in advance.”

However, in fact, Defendant C knew that even if the plaintiffs who are customers of his management as an insurance solicitor advance the insurance premium, they could not receive cancer diagnosis, the plaintiffs thought to use the advance payment insurance premium for their personal purposes, and there was no intention to pay it on behalf of them.

Nevertheless, Defendant C, as such, by deceiving the Plaintiffs as such, received total amount of KRW 8,152,50 on three occasions, including KRW 4,300,00 on October 9, 2012, KRW 19,452,550 on October 19, 2012, and KRW 8,152,550 on October 23, 2012, under the pretext of advance payment of the insurance premium for life insurance from Plaintiff C, from Plaintiff C, as the agricultural bank account in the name of Defendant C.

(c) the NEW insurance premium for the savings insurance;

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