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The Plaintiff
A. Defendant B shall be 28,185,437 won and the interest rate of 12% per annum from September 30, 2020 to the date of full payment.
Reasons
1. Determination as to the claim against the defendant B
(a) Indication of claims: To describe the grounds for claims and the changed grounds for claims as shown in the attached Form;
(b) Applicable provisions of Acts: Article 208 (3) 2 of the Civil Procedure Act;
2. Determination as to the claim against Defendant C
A. Basic facts 1) The Plaintiff Company operates a corporate insurance agency that sells the insurance of the insurance company. The Defendant C concluded an insurance contract with Defendant B, the spouse, with D, E, F, and paid insurance premiums on behalf of the said policyholder. The Plaintiff Company paid insurance commission for insurance solicitation to the Defendant B. After the insurance contract was terminated according to the insured’s civil petition. The Plaintiff paid the amount to be recovered at KRW 28,375,346 (=20,805,295) due to the failure to maintain the insurance contract. The Plaintiff paid to the insurance company the amount to be recovered at KRW 20,805,295 (the amount to be recovered at KRW 7,570,727,063, which was part of the insurance amount to be recovered at KRW 30,00,00,000, and thereafter, the amount to be recovered at KRW 17,68,2736,376,7375,767).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 6, and 8 (including paper numbers), the purport of the whole pleadings
B. Determination 1) According to the above facts finding as to the cause of claim, Defendant C is obligated to pay jointly with Defendant B the Plaintiff the remainder amount of KRW 17,648,283 and any delay damages calculated at the rate of 12% per annum from September 16, 2020 to the day of complete payment, which is the day following the delivery of a copy of the claim of this case and the application for modification of the cause of claim of this case, to the day of complete payment. Defendant C’s assertion is not subject to redemption because it borrowed the insurance code of Defendant C (it is not a transit contract). However, Defendant C’s insurance code is not subject to redemption.