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(영문) 서울고등법원 2016.11.04 2016나2002053
손해배상(기)
Text

1. The part against Plaintiff A in the judgment of the first instance, including the claim of Plaintiff A changed in the trial of the trial, is as follows.

Reasons

1. The summary of the issue is Defendant KF Life Insurance Co., Ltd. (hereinafter “Defendant Co., Ltd.”) established for the purpose of selling various insurance products, etc., and Defendant C is an insurance company established for the purpose of selling various insurance products. From July 15, 191 to the recent period from July 15, 191, an insurance solicitor who concluded a life insurance solicitor commission contract with Defendant Co., Ltd. and arranged the sales of insurance products.

Defendant Company sold more than 50 insurance products to the Plaintiffs. Of them, insurance contracts concluded with the Plaintiffs from October 8, 2007 are as listed in the attached Table 1.

Attached Nos. 1 through 4 insurance contracts were concluded between the defendant company and the plaintiffs through D through which they were insurance solicitors of the defendant company. The insurance contracts listed in [Attachment 1] Nos. 5 through 24 insurance contracts (hereinafter referred to as "each of the insurance contracts of this case", and each of the insurance contracts referred to as "each of the insurance contracts of this case", respectively, was concluded between the defendant company and the plaintiffs through defendant C.

Furthermore, the Plaintiffs asserted that the contract number J, the policyholder A, the insured F, and the contract date on April 11, 2008 is also an insurance contract that the Plaintiff entered into with the Defendant Company through Defendant C, but there is no evidence to acknowledge this.

Detailed details, such as the total amount of actual payment premiums of each insurance contract of this case, the amount received by the Plaintiff A as insurance loans and refunds, and the amount of premiums paid by the Plaintiff A after changing the contractor to the Plaintiff in the middle of the contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 6 (if any, including a serial number; hereinafter the same shall apply), Eul evidence Nos. 8 and 9, the purport of the whole pleadings

2. Summary of the cause of the claim;

A. Defendant C, an insurance solicitor of Defendant C, a claim for damages arising from a tort, concluded each of the instant insurance contracts.

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