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(영문) 서울중앙지방법원 2019.01.24 2017나67300
손해배상 청구 등
Text

1.The judgment of the first instance, including the primary claims added at the trial, shall be modified as follows:

The plaintiff is the defendant.

Reasons

1. Basic facts

A. The status of the party as the representative director of D Co., Ltd. (hereinafter “Plaintiff-Operation Company”) with the purpose of developing functional health foods, manufacturing and distributing business, etc., became aware of the defendant C, who worked as an insurance solicitor of the defendant company at a meeting of friendship groups, was known at the meeting of friendship groups.

B. (1) On December 27, 2011, the Plaintiff entered into the instant insurance contract with Defendant C as an insurance solicitor, and between the Defendant Company and the Plaintiff Company as the Plaintiff, and the beneficiary in the event of disability as the Plaintiff, and the beneficiary in the event of death as the Plaintiff E., the Plaintiff’s “F insurance contract” (hereinafter “instant insurance contract”) with the amount of KRW 60% of the bond type type of the fund, 40% of the bond type, 50 million of the subscription amount, 50 million won of the subscription amount, insurance period, 10 years of the subscription period, 2,371,650 won per month of the subscription amount.

(2) The Plaintiff concluded the instant insurance contract. (2) From December 28, 2011 to July 20, 2012, the Plaintiff paid KRW 18,807,160,00 in total from the Plaintiff’s account in the name of G Bank (H) by automatic transfer, and did not pay the insurance premium thereafter.

C. On January 25, 2013, Defendant C requested the Plaintiff to restore the instant insurance contract because the Plaintiff did not pay the insurance premium, and Defendant C requested the Plaintiff to recover the instant insurance contract. On January 25, 2013, Defendant C deposited KRW 14,348,150 to the Plaintiff’s insurance premium payment account, which the Plaintiff paid to the Defendant Company, and made it withdrawn from the Defendant Company with the Plaintiff’s consent. On the other hand, the Defendant Company purchased and received products, such as the Plaintiff’s call halog, etc. corresponding to the said insurance premium. (2) The Defendant Company had the nurse I visit the Plaintiff on or around January 28, 2013 for the medical examination of the Plaintiff necessary for the restoration of the instant insurance contract. The Plaintiff responded to the I’s medical examination report.

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