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(영문) 서울고등법원 2015.07.08 2014나2044763
손해배상(기)
Text

1. It includes the plaintiff's preliminary claim against the defendant Hansung Life Insurance Co., Ltd. added at the trial.

Reasons

1. The court's explanation on this part of the facts of recognition is the same as the corresponding part of the judgment of the court of first instance, and thus, citing this in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The plaintiff's assertion and judgment

A. (1) Defendant B, who asserted against Defendant B, had the Plaintiff enter into the instant insurance contract by deceiving the Plaintiff to the effect that if the insurance premium is paid in lump sum due to payment, Defendant B could enter into the insurance contract at a discount of 4%.

Under the instant insurance contract, the Plaintiff paid 30,525,795 won as the insurance premium to the Defendant Company (=23,005,795 won as the 13-month premium paid on August 30, 201). From September 2012, the Plaintiff paid 7,580,000 won as the 4-month premium, which was automatically transferred from September 2012, and paid 85,80,000 won as part of the 13-month premium to the Defendant Company. Defendant B embezzled the said 85,80,000 won

Since Defendant B paid KRW 5,704,80 to the Plaintiff, the Plaintiff suffered damages of KRW 110,620,995, which is the sum of KRW 24,820,995, which is the sum of KRW 30,525,795,795 (= KRW 30,525,795,704,80), which is the sum of the amounts paid by Defendant B, out of the amounts embezzled and embezzled by Defendant B, and the amount paid out by Defendant B to the Defendant Company as insurance premiums.

Therefore, Defendant B is obligated to pay the Plaintiff the above KRW 110,625,995 and its delay damages with the performance of the liability for damages caused by a tort.

(2) As to Defendant Company’s assertion (A) as to Defendant B’s embezzlement amounting to KRW 85.8 million, Defendant B was an insurance solicitor belonging to the Defendant Company, Defendant Company is liable to compensate the Plaintiff for damages incurred by Defendant B in soliciting insurance in accordance with the main sentence of Article 102(1) of the Insurance Business Act, around the other hand, and Defendant B is liable for compensating the Plaintiff for damages incurred by Defendant B in accordance with Article 756 of the Civil Act.

(B) Of the insurance premium paid by the Plaintiff to the Defendant Company, the Plaintiff paid to the Defendant Company KRW 24,820,995, deducting the amount repaid by Defendant B.

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