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(영문) 서울중앙지방법원 2016.04.29 2015나67504
보험료환수
Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order of payment shall be revoked.

2...

Reasons

1. The party's assertion

A. The Plaintiff’s assertion 1) is an insurance company, and the Defendant is commissioned as an insurance solicitor by the Plaintiff and engaged in the insurance solicitation business on December 1, 2014. 2) The Defendant recruited the Defendant, and the policy holders who concluded an insurance contract with the Plaintiff on December 1, 2014, demanded the cancellation of the insurance contract and the return of the insurance premium.

Accordingly, the plaintiff confirmed the facts of the defendant, and recognized the defendant's violation of the duty, and the plaintiff returned the premium payable to the policyholder.

Details of the return of insurance premiums to policyholders are as shown in the attached Form.

3) Ultimately, the Defendant violated the duty of care as an insurance solicitor and committed a tort against the policy holder to inflict a loss equivalent to the difference between the cancellation refund that would be received by the policy holder if the insurance contract is terminated normally from the total amount of the insurance premium paid by the policy holder. The Plaintiff compensated for the damages to the policy holder, and thus the Plaintiff is entitled to claim the amount equivalent to the above amount of compensation against the Defendant pursuant to Article 102(2) of the Insurance Business Act. The amount is the total amount of KRW 9,942,150 as stated in the “request amount” as stated in the separate sheet. (B) The Defendant asserted 1 of the Defendant, however, the Defendant did not seem to have been liable in the telephone call with the Plaintiff, but the Defendant did not have breached the duty of care as an insurance solicitor, such as the duty of explanation, and the Plaintiff also concluded the insurance contract after confirming it against the policy holder.

2) Since the Plaintiff returned the insurance premium received from the policyholder as it is, it cannot be deemed that the Plaintiff incurred any loss to the Plaintiff. 3) The amount claimed by the Plaintiff is an insurance contract.

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