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(영문) 전주지방법원 2017.09.13 2015가합5001
매매대금반환
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. Basic facts

A. Defendant C is the representative director of Defendant limited liability company B (hereinafter “Defendant Company”), and D is an insurance solicitor of Korea Life Insurance Co., Ltd.

B. On October 28, 201, E changed the policyholder and beneficiary of the instant insurance (hereinafter collectively referred to as “subscriber”) to “H” by requiring G to take over the insurance policy on February 20, 2012. On October 13, 2012, G paid the insurance premium up to KRW 10,000,000 on July 25, 201, and KRW 39,97,97,9830 on October 31, 2012, G received the total amount of KRW 639,965,97,80 on the installment basis, by having G take over the insurance policy.

C. E decided to obtain insurance from G on December 3, 2012 in KRW 30,000,000, and changed the policyholder of the instant insurance from the Defendant Company to the Defendant Company.

On May 2014, the Plaintiff was asked to accept the instant insurance amounting to KRW 50,00,000,000, which is KRW 130,000,000 from E, around May 27, 2014. On May 27, 2014, the Plaintiff transferred KRW 50,000,00 (hereinafter “the instant first insurance subscription amount”).

E. On October 8, 2014, the Plaintiff received KRW 20,000,00 from the Defendant Company as a loan, and transferred KRW 240,000 to the Defendant Company. The Defendant Company paid the premium from 14 minutes of the instant insurance policy to 37 times on October 15, 2014.

In addition, on July 7, 2015, the Plaintiff transferred 79,585,000 won to the Defendant Company (hereinafter “the instant secondary insurance subscription amount”) and KRW 240,000,000, respectively. The Defendant Company paid the insurance premium from 38 minutes to 45 times on the same day.

F. On October 21, 2014, Defendant Company obtained a standardized contract loan of KRW 109,925,000 as security for the instant insurance.

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