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(영문) 대구지방법원 2017.06.23 2015가단123945
약정금
Text

1. The defendant shall pay 43,850,000 won to the plaintiff and 15% per annum from May 13, 2017 to the day of complete payment.

Reasons

1. Basic facts

A. From May 25, 2008, the Defendant operated an insurance agency with the trade name of “C stock company” from around May 25, 2008, engaged in the business of soliciting the purchase and sale of insurance products, receiving premiums, and paying premiums.

B. Upon the Defendant’s solicitation, the Plaintiff purchased the insurance products of Korea Life Insurance Co., Ltd. from August 31, 2010 as follows.

On August 31, 2010, the number of securities issued on the date of the contract No. 1 insurance premium, and August 31, 2010, the KRW 410,000 (temporary payment) (hereinafter referred to as the “instant D insurance”).

2. On June 16, 201, the basic type of non-distribution V-Dex pension insurance E 303,308 won (hereinafter referred to as “instant E”).

3. On June 17, 201, 201, V-Dex variable pension insurance Type II, F 10,000,000 (temporary payment) for a basic type of life-based F insurance type, hereinafter referred to as “instant F insurance”).

C. On November 22, 2013, the Defendant prepared a cash custody certificate (a evidence No. 11; hereinafter “the cash custody certificate of this case”) stating the amount of November 22, 2013 as KRW 11,00,000 to the Plaintiff; ② the cash custody certificate (a evidence No. 9; hereinafter “the cash custody certificate of this case”) stating the amount of July 6, 2015 as KRW 12,000,000,000; ③ on July 13, 2015, the Defendant promised to pay KRW 16,000,000 for the total amount of the loan.

7. On September 2, 198, the document containing the statement "A," written on September 2, 2000 (hereinafter referred to as the "written confirmation of this case"). D.

In addition, around October 2015, the Defendant prepared to the Plaintiff a loan certificate (No. 12, hereinafter “the loan certificate of this case”) stating the amount of KRW 52 million with the amount as KRW 52 million. However, the above loan certificate contains the following: “the loan certificate of this case shall include the pre-understanding withdrawal, the daily withdrawal, and the daily KRW 0 million.”

E. As of July 7, 2015, the details of each of the instant insurance premium, early withdrawal insurance premium, and additional payments are as follows.

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