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(영문) 서울중앙지방법원 2015.06.18 2014가단5151376
채무부존재확인
Text

1. Regarding each insurance contract entered in the separate sheet between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff).

Reasons

1. Facts of the premise common to the principal lawsuit and counterclaim;

A. The Plaintiff, who entered into each of the instant insurance contracts, is an insurance company that engages in life insurance business, etc. as stipulated in the Insurance Business Act, and the Defendant is a policyholder who entered into an insurance contract with the Plaintiff via B, who is an insurance solicitor

The Defendant, as a garner, had been working for the traffic of young children in the company until September 2010, but received the above B through the introduction of company rent around 2006, and concluded each insurance contract between the Plaintiff and the Plaintiff listed in the separate sheet (hereinafter “each insurance contract of this case”).

The name of each of the above insurance contracts, contract date, monthly insurance premium, payment period, insurance period, amount of insurance coverage, etc. shall be as specified in the corresponding column of the same Table.

B. After the termination of each of the instant insurance contracts, the Defendant terminated each of the instant insurance contracts on the date indicated in the separate sheet “the date of termination of the contract” as indicated in the separate sheet.

The sum of the paid-in premiums paid by the Defendant until the time and the amount of the terminated refund are as shown in each corresponding column of the same Table. As a result, the Defendant did not receive the total of KRW 18,992,939 out of the paid-in premiums as stated in the “Difference” column of the same Table.

C. B, such as the relationship between B and the Defendant, recommended the Defendant to purchase the insurance product of this case, and the Defendant stated to the effect that “if a person invests in money, he shall pay a high rate of profit (2-3% a monthly return) to him, and return the principal at the agreed date or time when he wishes, and the premium shall be paid with the proceeds.”

In addition to the conclusion of the instant insurance contract, the Defendant invested KRW 225,134,174 on a personal basis to B 33 occasions, and the proceeds returned from the investment was about KRW 200,096,000,000,000.

B The result is that not only the defendant but also other garmentdiers, etc. gather the investment money in the same way, but also did not return it properly.

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