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(영문) 대구지방법원 서부지원 2021.01.14 2019가단59391
손해배상(기)
Text

The plaintiffs' claims against the defendants are dismissed in entirety.

The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The parties' assertion

A. Defendant E and Defendant F did not explain that they are insurance solicitors belonging to Defendant D Co., Ltd. (hereinafter “Defendant D”), and agreed to provide consulting (such as presentation of measures to improve the amount of royalties, financial structure, financial statements, labor, etc.) on the overall management of the company of the Plaintiffs, and in return, let the Plaintiff enter into an insurance contract with Defendant C Co., Ltd. (hereinafter “Defendant C”) (the Plaintiff A entered into the contract with the Plaintiff on July 6, 2017; the Plaintiff B entered into the contract on August 28, 2017).

However, at the time, Defendant E and Defendant F, as if they were to provide consultation on the management of the Plaintiffs, even though they did not have the intent or ability to properly provide consultation on the management of the Plaintiffs, did not induce the Plaintiffs to provide sufficient explanation of insurance products, and Defendant E and Defendant F did not provide the Plaintiffs with adequate consultation.

Defendant E and Defendant F’s above acts constitute an incomplete sale or fraud in which consulting services are put in order to sell insurance products. Accordingly, the Plaintiffs paid insurance premiums to Defendant C, thereby causing considerable damage to the amount of the insurance premium paid. Defendant C and Defendant D were aware or aided of the above acts of Defendant E and Defendant F, or neglected their management and supervision, and thus, they should be held liable under the Civil Act and the Insurance Business Act for the damages suffered by the Plaintiffs.

Accordingly, against the Defendants as joint tort, Plaintiff A claimed for payment of damages equivalent to KRW 48,300,000 equivalent to the insurance premium paid in compensation for damages and delayed damages. Plaintiff B claimed for payment of damages equivalent to KRW 12,000,000 in compensation for damages and delayed damages.

B. The insurance contract between the plaintiffs and the defendant C is without any illegality.

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