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(영문) 광주고등법원 (전주) 2018.06.28 2017나12153
매매대금반환
Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. As of October 28, 201, the Defendant limited liability company B’s name insurance 1) F is the Korea Life Insurance Co., Ltd. (hereinafter “Korea Life Insurance Co., Ltd.”) as of October 28, 201.

) A person himself/herself, through E, as the insured and the beneficiary (However, in case of death, the beneficiary is a statutory heir) and subscribed to a non-dividend-amount pension insurance policy of the above company [the above insurance is an insurance policy that pays 10,000,000 won of monthly insurance premium (9,850,000 won of discount insurance premium to be paid in fact) for 10 years and receives insurance money in the form of a pension.

hereinafter referred to as “instant insurance”).

[2] On February 20, 2012, the policyholder and beneficiary of the instant insurance (hereinafter collectively referred to as “contractor”) were changed to “H” (hereinafter “H”) of the instant insurance.

After that, until October 31, 2012, 130,000 won of total insurance premium was paid.

On the other hand, from the instant insurance, KRW 25,99,050 on July 2, 2012, and KRW 39,997,830 on October 31, 2012 were withdrawn as the intermediate insurance proceeds.

(3) On December 3, 2012, the contractor of the instant insurance (hereinafter “Defendant Company”) once again becomes the Defendant Limited Company B (hereinafter “Defendant Company”).

B. Around May 2014, the Plaintiff received a proposal to accept the instant insurance amounting to KRW 50,000,000, totaling KRW 130,000,000 from E, around May 13, 2014.

(hereinafter “instant contract”). 2 On May 27, 2014, the Plaintiff transferred KRW 50,000,000 to E’s account.

In addition, at that time, the Plaintiff received a detailed statement of insurance coverage of this case, a certificate of personal seal impression, and a business registration certificate of the Defendant company.

In addition, the plaintiff also has a copy of the defendant C's resident registration certificate from the defendant Eul to "the contract that is formed as the defendant company".

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