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(영문) 부산지방법원 2015.01.23 2014가단233127
손해배상(기)
Text

1. The Defendant’s KRW 49,857,142 as well as the Plaintiff’s annual rate from November 6, 2014 to January 23, 2015.

Reasons

Basic Facts

The defendant company is a corporation that acts as an insurance agent to broker the conclusion of insurance contracts with insurance companies, such as Keo Life Insurance Co., Ltd. (hereinafter referred to as "stock company").

B around July 8, 2013, the Defendant Company was working as an insurance solicitor at the Defendant Company and was aware of the Plaintiff, and around July 8, 2013, B recommended the Defendant Company to subscribe to the Insurance Contract III (hereinafter referred to as the “Insurance Contract in this case”), which provides that “If KRW 100 million is paid in lump sum, the Company shall deposit KRW 22 million in the Company’s virtual account, and the insurance premium of KRW 3.4 million shall be automatically paid every month.” Since three years, the annual rate of return shall be 6% if calculated in the return of profit.” However, there is an insurance product with the same name of the Defendant Company, but there is a difference in the amount of insurance premium payment, the period and method of insurance premium, the interest rate, etc.).

On July 9, 2013, the following day, the Plaintiff agreed to purchase the instant insurance in accordance with the above B’s recommendation, and prepared and delivered a written subscription to B, and transferred KRW 100 million to B’s deposit account on the same day.

According to the monitoring results of the above subscription letter, the employees of the defendant company, and the members of the school life insurance company, the plaintiff was treated as being subscribed to the defendant company's insurance coverage amounting to 12 million won, 3.4 million won per month, insurance premium (Automatic transfer), and the non-paid dividends amounting to insurance premium termination, and 3.

B used the above KRW 100,000 won transferred from the Plaintiff for personal purposes, such as repayment of debt, and suffered difficulties in stock investment failure and demand, etc., and died of suicide on October 10, 2013.

B paid, on behalf of the Plaintiff, the insurance premium of the three-month amount of non-paid dividend savings insurance Ⅲ, which has been subscribed to as above, to the school life insurance, and the Plaintiff was explained on July 9, 2013.

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