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(영문) 서울고등법원 2015.11.26 2015나2041068
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. The Plaintiffs are parents of the network D (hereinafter “the network”).

B. C as the representative director of E Co., Ltd. (hereinafter “E”) working for the Deceased, was faced with economic difficulties, such as aggravation of the financial condition of E, delinquency in the monthly rent of the house in which he resides, etc., and was willing to receive insurance money by killing the Deceased after having subscribed to insurance.

C. On July 29, 2013, C concluded a life insurance contract on behalf of the Defendant and the insured with F via F, an insurance solicitor of the Defendant, with the consent of the Deceased, the beneficiary E, and the monthly insurance premium of KRW 611,230 (hereinafter “the instant insurance contract or “the instant insurance contract”).

C on September 13, 2013, around 55, the deceased was induced to the E’s warehouse, and the deceased was killed due to her head’s flaps and her head’s flapsing and her head’s flapsing, her head’s flapsing, and her flapsing.

E. The Plaintiffs inherited their properties upon the death of the Deceased.

[Ground of recognition] Facts without dispute, entry in Gap evidence 1 through 4, 7 through 15 (including additional entry), testimony in F of the first instance trial and witness I of the first instance trial, and the purport of the whole pleadings

2. The Plaintiffs’ assertion insurance focuses on death, and as such, as the insurance money or insurance premium is a very large amount of insurance that the business owner subscribed for for employees, F, an insurance solicitor of the Defendant, was well aware of the aforementioned circumstances, it could be anticipated that F, as F, may kill the Deceased.

Nevertheless, F merely explained that the instant insurance is an insurance for the payment of retirement allowances to the Deceased, the insured, and that the death of the insured is an insurance for the principal insurance accident.

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