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(영문) 서울서부지방법원 2019.02.21 2017가단224039
손해배상(기)
Text

1. The Defendant’s KRW 50,000,00 and the Plaintiff’s annual rate of KRW 5% from November 29, 2018 to February 21, 2019.

Reasons

1. Facts of recognition;

A. On December 12, 2011, the Plaintiff refused to subscribe to the first insurance policy, the Plaintiff submitted the Defendant’s “F” insurance subscription form (B-1; hereinafter referred to as “the first subscription”) to which the Plaintiff and the insured are the insured as Nonparty E (hereinafter “the network”) who is one hundred million won at the time of the insured’s death, on December 12, 201.

At the time, the Plaintiff substituted the signature of the deceased, the insured, in the insured column of an insurance contract.

(1) At the time of the insurance solicitor D’s occurrence of an insured event, the Plaintiff asserted that the Plaintiff was acting on behalf of the deceased’s signature, and accordingly, the insurance solicitor D was present in this court as a witness, explain that the insured person himself/herself should write his/her signature at the time of the conclusion of the insurance contract, and testified that the insured person was returned the documents signed by the Plaintiff, and then there is a dispute as to whether the insurance solicitor fulfilled his/her duty to explain that the signature of the insured person is necessary in the insurance contract covering another’s death as an insured event. However, in an insurance contract covering another’s death as an insured event, the insured person himself/herself must write his/her signature at the time of the first insurance contract and then December 21, 2011 after the receipt of the first insurance contract. The Defendant’s counselor confirmed whether the insured person’s phone (tentatively called “nick call”) signed the insured person column, and the Plaintiff’s signature at the time of signing the insurance contract should not be signed by the Plaintiff and the Plaintiff.

§ 22.3

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