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(영문) 서울고등법원 2018.11.08 2017나2044030
손해배상(기)
Text

1. The plaintiff's appeal against the defendant B and the incidental appeal against the defendant B are all dismissed.

2.This Court is added.

Reasons

1. The reasons why this court shall state this part of the basic facts are the same as the part of “1. Basic Facts” in the reasoning of the judgment of the first instance, except for the following parts written by the court. As such, the basic facts are included in the summary under the main sentence of Article 420 of the Civil Procedure Act.

(a) On October 8, 2004, No. 5 of the judgment of the court of first instance, "from around October 8, 2004" was brought to "from around December 2006".

(b) No. 6 of the judgment of the first instance court, the Plaintiff’s account “AMF bank account (Account NumberN)” was added to “AMF bank account (Account Number AR) of the Plaintiff.”

(c) Nos. 6 through 11 of the first instance judgment shall be followed as follows.

A) Around March 2007, Defendant B suggested that “the insurance solicitor, unlike in the past, is a specialized financial designer that designs the entire customer’s property, rather than entering the insurance to the customer.” However, if the Plaintiff delivered the total amount of KRW 75 million to the Defendant B as insurance premium, it would be considered that the Plaintiff would increase its property by means of subscribing to the variable insurance product.

(d) (d) Nos. 7 through 19 of the judgment of the first instance shall be used as follows, and all of the “each of the accounts of this case” from Nos. 9 and No. 2 of the judgment of the first instance and No. 19 shall be used as “the account of this case.” (B) The Plaintiff around that time shall, for the payment, etc. of the Plaintiff’s insurance premium to Defendant B, account AJ bank account in the name of the Plaintiff for the payment, etc. of the Plaintiff’s insurance premium.

(e) At the bottom of the 8th judgment of the first instance court (e) the establishment of the passbook, etc. and the management thereof was required to be made by Defendant B. The lower part of the 8th judgment of the first instance is as follows.

[Attachment 2] (Unit 2] From the insurance policy No. 5,290,000 to the insurance policy No. 1,590,000 from January 25, 2009 to the insurance policy No. 5,290,000,16,17,19,200 insurance premium payment from February 24, 2009 to the insurance policy No. 80,520,000 to the 16th 16th 3,520,16,17,19,200 insurance premium payment from March 25, 2009 to the insurance policy No. 2,470,000 to the insurance policy No. 1,50,000 to the insurance policy No. 160,000 to the 1,50,000 insurance premium payment from March 25, 209 to the insurance policy No. 1660,200.

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