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1. Defendant A’s KRW 13,670,890 for the Plaintiff and KRW 5% per annum from May 15, 2014 to November 25, 2014.
Reasons
1. Facts of recognition;
A. Defendant Pakistan’s agency was a corporation established for the purpose of running the business of insurance agency, and entered into an insurance agency contract with the Plaintiff. Defendant A is an insurance solicitor belonging to Defendant Pakistan’s agency from March 2007 to A from March 2008.
B. On January 16, 2008, B entered into an insurance contract of Defendant A with the Plaintiff on the condition that the Plaintiff bears the burden of the whole period for the infertility or the infertility part (hereinafter “instant insurance contract”).
C. On February 9, 2012, B filed a claim with the Plaintiff for insurance proceeds in relation to the bad faith of the cattle, and the Plaintiff recognized that Defendant A did not explain the above terms and conditions of the burden, and agreed not to include the said terms and conditions in the contract, and paid insurance proceeds to B, totaling KRW 39,059,687, from February 21, 2013 to April 11, 2014.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 9, Eul evidence 1, Eul evidence 1, Eul evidence 1 (including each number), the purport of the whole pleadings
2. The plaintiff's assertion
A. In the event that Defendant A did not explain the terms and conditions of the share of the Plaintiff on the infertility or in distress at the time of entering into the instant insurance contract, the Plaintiff paid KRW 39,059,687 with the insurance proceeds. As such, the Defendant Pakistan Agency Co., Ltd., the employer of Defendant A and Defendant A, is jointly and severally liable to pay to the Plaintiff KRW 35,153,718 equivalent to the amount of the above amount as compensation for indemnity or tort, and damages for delay.
B. If Defendant A explained the above terms and conditions to Defendant A at the time of entering into the above contract, Defendant A made a false statement that he did not perform his duty to explain to the Plaintiff, and thereby, the Plaintiff paid insurance money to the Plaintiff. The Plaintiff shall compensate the Plaintiff for the damages suffered by the Plaintiff due to Defendant A’s tort.