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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The Defendant is a company running the insurance business, and the Defendant is a deceased person who left a note stating that “B works for the Defendant’s Gwangju Branch Office and dies as a monetary problem at the end of April 2013.”
On October 17, 2012, the Plaintiff made payment of KRW 100 million to B (hereinafter “instant payment”); on the same day, the Plaintiff signed the Defendant’s written subscription for the insurance contract (hereinafter “instant first subscription”) printed out as “name of the goods (free) financial franchise insurance, KRW 1.20,000,000 insurance premium, KRW 1.220,000,000 insurance premium, insurance period of KRW 60,000, insurance period of 10 years, 10 years, payment period of 10,1 month, 1-month payment, Plaintiff, and Insured D.”
On October 17, 2012, the Plaintiff, at the time of the first payment of the instant case, prepared a written confirmation of the following contents (hereinafter referred to as “certificate 1”) from B: (a) the Plaintiff deposited the said amount of KRW 10,000,000,000; and (b) the Plaintiff was able to receive the said amount of KRW 1,00,000,000,000 from October 17, 2013.
In addition, on April 2, 2013, the Plaintiff paid KRW 50 million to B (hereinafter “instant payment”); on the same day, the Plaintiff signed the Defendant’s subscription to the insurance contract printed with the name of the goods (free), DB pension insurance, subscription amount of KRW 60 million, insurance premium of KRW 500,000, insurance premium of KRW 600,000, insurance period of KRW 600, insurance period of KRW 100, 10 years, payment period of KRW 10, 10 months, Plaintiff contractor, and Plaintiff E.
on April 2, 2013, the Plaintiff, at the time of the second payment, prepared a written confirmation of the following contents: (a) on April 2, 2013, at the time of the first payment, deposited the said amount in full, and paid interest KRW 300,000,000:
(hereinafter referred to as “the re-written confirmation of this case”). . [Grounds for recognition] . (Ground for recognition] written evidence Nos. 1, 3, and 8 of this case, written evidence Nos. 3, 4, 5, 10, and 11 of this case (including each number), the result of the Plaintiff’s questioning in the trial of a party, the purport of the whole pleadings.
2. The parties' assertion
A. The Plaintiff asserts as follows, and seeks payment of the amount stated in the purport of the claim against the Defendant.