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(영문) 서울중앙지방법원 2016.04.06 2015가단5285856
손해배상(기)
Text

1. Defendant B’s KRW 68,009,593 as well as the Plaintiff’s annual rate from May 1, 2015 to October 6, 2015, and the following.

Reasons

1. Basic facts

A. The Defendant’s future life insurance company (hereinafter “Defendant company”) is a company running an insurance business.

Defendant Company entered into an insurance contract with Shoyman Co., Ltd., and Defendant B is an insurance solicitor belonging to Shoyman Co., Ltd.

B. On April 30, 2012, the Plaintiff entered into an insurance contract with Defendant Company as a broker of Defendant B, setting the insurance amount of KRW 240,240,000 between the Defendant Company and the insurance period of KRW 240,00,000, the insurance period and the payment period of the insurance premium, and the insurance premium amount of KRW 20,02

However, in the form of so-called “number of days”, the Plaintiff and Defendant B paid 80,000 won per day to Defendant B for three years, and received it and paid 80,000 won to Defendant B as insurance premium, but returned 3 years thereafter to the Defendant Company, but the Plaintiff agreed to refund the Plaintiff’s mother-child amount with the money that the Plaintiff would receive upon cancellation of the insurance contract.

From April 30, 2012 to February 12, 2015, the Plaintiff paid a total of KRW 72 million to Defendant B.

However, Defendant B, only until the thickness of February 2013, only paid part of the monthly insurance premium prescribed in the insurance contract to the Defendant Company, and thereafter embezzled the money received from the Plaintiff as insurance premium to the Defendant Company.

On February 25, 2015, Defendant B drafted a written agreement with the purport that “The Plaintiff shall pay KRW 80 million to the Plaintiff, on the condition that the Plaintiff would pay KRW 2 million each month from April 30, 2012 to April 30, 2015, respectively, to the Plaintiff.”

The insurance contract is now invalidated and the cancellation refund paid by the plaintiff is KRW 11,990,407.

[Reasons for Recognition] Evidence Nos. 3 through 7, Evidence No. 1, and the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. The plaintiff's assertion against the defendant B is based on the agreed amount or damages amounting to KRW 80 million and damages for delay.

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