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1. The Defendants: (a) KRW 12,800,000 for each Plaintiff; and (b) 5% per annum from July 1, 2012 to December 17, 2015; and (c).
Reasons
1. Basic facts
가. 피고 피씨에이생명보험 주식회사(이하 ‘피고 회사’라고 한다)는 인보험 및 관련사업을 목적으로 하는 회사이고, 피고 B는 보험대리점업을 하는 주식회사 비엡시에 소속된 보험설계사이다.
B. On September 30, 201, the Plaintiff: (a) between the Defendant Company on September 30, 201, the beneficiary; (b) the Plaintiff’s beneficiary; (c) the statutory heir at the time of death; (d) the purchase amount of the subscription to the prime contract; (e) KRW 80 million for monthly insurance; (c) KRW 4 million for monthly insurance premium payments; and (d) the payment period of the subscription to the prime contract; and (e) the securities number C of the non-dividend PCC for social insurance;
(C) On May 3, 2012, the Plaintiff asserted that the instant insurance contract was an incomplete product sold to the Defendant Company, and filed a civil petition with the Financial Supervisory Service upon demanding the return of the premium already paid. On July 18, 2012, the Defendant Company returned twice the insurance premium deposited after the Plaintiff filed a civil petition to the Plaintiff [the fact that there is no dispute over the grounds for recognition, No. 1 and 2, and No. 3, No. 1, 2, and 3, and the purport of the entire pleadings, as a whole.
2. The parties' assertion
A. Defendant B did not notify the Plaintiff of the risk of the insurance product while soliciting the purchase of the insurance product of this case, and did so in violation of the above duty despite the Plaintiff’s duty to recommend the purchase of the pertinent insurance product in light of the Plaintiff’s financial status and the purpose of the purchase of the insurance. As such, Defendant B is liable for damages arising from tort, and Defendant B is liable to compensate the Plaintiff’s losses according to Article 102 of the Insurance Business Act.
B. Defendant B’s assertion not only faithfully fulfilled its duty to explain important matters of the insurance contract in the process of soliciting the instant insurance contract, but also the Plaintiff.