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1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
Reasons
Facts of recognition
From August 26, 2010 to August 26, 2020, the Plaintiff entered into an insurance policy with the Defendant with the insurance coverage period fixed as KRW 250,000 per month by setting the insurance premium as KRW 250,000 per month with the inside facilities and fixtures of the second floor and the second floor, and paid KRW 5,250,000 per premium to the Defendant by April 26, 2012.
On May 21, 2012, the Plaintiff’s spouse, and D (former name E) working as an insurance solicitor of the Defendant branch, applied for the termination of the instant property insurance contract on behalf of the Plaintiff, and accordingly, the Defendant deposited KRW 2,679,556 as the termination refund of the instant property insurance contract into the Plaintiff’s bank account on the same day.
From June 5, 2012 to June 5, 2039, the nursing insurance contract (Hi1206) was concluded on June 5, 2012 between the Plaintiff and the Defendant (hereinafter “instant nursing insurance contract”) during the 100-year-old dividend of KRW 207,90,00 per month, and D mediated the conclusion of the said insurance contract as an insurance solicitor.
A total of KRW 1,455,300 under the instant nursing insurance contract was paid to the Defendant by automatic transfer from the national bank account in the name of the Plaintiff to December 20, 2012.
[Grounds for recognition] Facts without dispute, Gap's evidence Nos. 1 through 5, 7, Eul's evidence Nos. 1, 2, and 8, and the plaintiff's assertion as to the termination of the property insurance contract of this case as a whole by asserting the purport of the whole argument as to the plaintiff's termination of the property insurance contract of this case on behalf of the plaintiff without the plaintiff's consent, and upon receiving the termination refund, damage equivalent to 5,250,000 won, which was paid for the plaintiff.
In addition, the defendant's employees who received the application for termination of the instant property insurance contract were F working at the defendant C branch as shown in D, but submitted by D.