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(영문) 의정부지방법원 2018.05.03 2017가단111123
손해배상 등
Text

1. Defendant C: (a) KRW 19,765,019 for Plaintiff A and 5% per annum from May 24, 2014 to May 3, 2018; and (b) the following:

Reasons

1. Basic facts

A. The plaintiff A is the disabled in the fourth degree of disability and the third degree of disability in the second degree of disability in the second degree, and the married couple.

Defendant C is an external mother of Plaintiff A, and Defendant D is a father of Defendant C.

B. On January 2007, Plaintiff A recommended Defendant C, an insurance solicitor of the KIB Life Insurance Co., Ltd. (hereinafter “SIB”) to purchase school life insurance in the name of Defendant D, and consented thereto.

C. On January 31, 2007, Plaintiff A subscribed to the “Undividendd D's Pension Policy,” which is an insurance product of the M&C’s 60,000 won of insurance premium of KRW 650,000,000 every five years, under Defendant D’s name.

(hereinafter “instant pension insurance”). D.

However, the instant pension insurance was terminated on January 20, 201 as the delinquency in payment of insurance premium.

【Fact-founded ground for recognition】 The fact-finding reply of this court on September 22, 2017 to the KCAB Co., Ltd.

2. Determination as to Plaintiff A’s claim against Defendant C

A. 1) Determination as to the cause of the claim 1) Defendant C’s summary of the Plaintiff’s assertion that the insurance money of the instant pension insurance is indicated as Plaintiff A (hereinafter referred to as “Plaintiff”) and Plaintiff A as “Plaintiff”

(2) In order to obtain insurance premium by means of deceptioning without any intent to pay it to the Plaintiff and rather termination, the Plaintiff made the Plaintiff buy the instant pension insurance from January 2007 to December 2013, and paid a total of KRW 93,793,270,000 as insurance premium, at least 39,000,000. Therefore, the Defendant committed a tort against the Plaintiff. Accordingly, the Defendant is liable to pay damages equivalent to the Plaintiff’s insurance premium and damages for delay therefrom from January 1, 2014 to the day of full payment (the Plaintiff claimed as KRW 24,00,000 or KRW 19,908,502, but the Plaintiff claimed as the damages incurred to the Plaintiff through the preparatory brief as of February 20, 2018, and did not reduce the purport of the claim on March 15, 2018.

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