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(영문) 서울중앙지방법원 2019.01.15 2017나89454
기타(금전)
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On February 1, 2011, the Plaintiff (the Plaintiff’s trade name was changed from “E”) to “B stock company”, and was changed to “A” corporation at the same time on September 1, 2016; hereinafter “Plaintiff”) entered into a commissioning contract with the Defendant on March 5, 2002, under which the Plaintiff and the Defendant entered into a commissioning contract with the Defendant as the PA (the term “PA”) (the name of the Plaintiff refers to an insurance solicitor or insurance agency under the International Commercial Act, and the term “insurance solicitor” for convenience) and finally entered into a commissioning contract on February 10, 201 (hereinafter “instant commissioning contract”). The Defendant, as an insurance solicitor, was dismissed on June 8, 2012 while engaging in insurance solicitation activities for the Plaintiff.

B. Around April 28, 2011, the Defendant subscribed to G insurance contracts between the Plaintiff and D Co., Ltd. (the representative of D Co., Ltd. is F, and hereinafter “D”) for the insurance period of KRW 7,500,000, insurance period, and 20-year payment period, monthly payment during the prime payment period, and the insurable value of KRW 170,000,000 (hereinafter “instant insurance contract”).

D, in addition to the instant insurance contract, around February 24, 201, through the Defendant, around February 24, 2011, the insured F, insurance premium of KRW 1,500,000, insurance period life, electricity payment period, monthly payment during the period of insurance, H contract of KRW 30,000,000, insurance amount of principal contract, and H contract of KRW 37,80,000,00 for the insured insured F, insurance premium of KRW 100,000,00 for the insurance period, and for the type of insurance period, the period of payment, the period of lump-sum payment, the period of lump-sum payment, the period of lump-sum payment, the amount of subscription to the principal contract, and H contract of KRW 25,00,000 for the payment following the conclusion of the instant insurance contract

C. F around May 2014 and June 3, 2014, around June 3, 2014, the Plaintiff and the Financial Supervisory Service filed a civil petition with the purport that the Defendant did not adequately explain the payment grace period and the period of compulsory subscription, etc. while concluding the instant contract.

On May 21, 2014, the Plaintiff submitted a recruitment manual from the Defendant, and the Plaintiff around December 2, 2014.

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