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(영문) 서울중앙지방법원 2014.10.30 2013가합83690
손해배상 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Around July 2010, Defendant B, an insurance solicitor for basic facts, recommended C, a director of the Plaintiff’s intra-company, to subscribe to Defendant Pudden Social Life Insurance Co., Ltd. (hereinafter referred to as the “Defendant Company”), “regular insurance (56 years old, 56 years old, hereinafter referred to as “regular insurance”) which is an insurance product.”

The defendant B explained that if he bought the insurance product at the time, he can write off the paid insurance premium and reduce the corporate tax.

On July 14, 2010, the Plaintiff subscribed for four regular insurance contracts with the insured as an executive officer of the Plaintiff at the Defendant Company, and subscribed for four regular insurance contracts with the Plaintiff, C, E, and F, but failed to obtain the consent of the Defendant Company.

On October 11, 2010, the Plaintiff entered into an insurance contract with the Defendant Company and the insured as an officer D, C, E, and F on 4 cases of “Undividendd physical insurance (5% type, 5% type, below)” (hereinafter “instant insurance”).

(B) The Plaintiff paid 188,416,596 won (i.e., premium 181,801,503 KRW 6,615,093) to the Defendant Company for a total of 4 insurance premiums and interest for delay due to the delay of payment from October 13, 2010 to February 29, 2012.

After that, each of the instant insurance contracts was terminated due to the delay in payment of the Plaintiff’s insurance premium, and around September 2012, the Plaintiff received KRW 42,267,148 from the Defendant Company as the termination refund.

[Reasons for Recognition] A-5,7,8, witness C’s partial testimony, Defendant B’s personal examination result, the purport of the entire pleadings

2. The assertion and judgment

A. Defendant B made a false explanation or insufficient explanation that the Plaintiff would be able to write off the paid-in premium if the Plaintiff subscribed to the instant insurance.

The Plaintiff was required to hear its explanation and purchase the insurance of this case, and accordingly, KRW 146,149,448, excluding refund for termination from the paid-in premiums, = 188,416,596, - refund for termination.

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