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(영문) 서울중앙지방법원 2018.02.09 2015가합3858
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B: 413,766,830 won;

B. The above A.

Defendant C is jointly with Defendant B and 75.

Reasons

1. Facts of recognition;

A. On April 24, 2012, Defendant B and the Plaintiff agreed that Defendant B shall recruit insurance policyholders who are insurance companies, and as a result, Defendant B shall receive 650% of insurance premium once from the Plaintiff as insurance commission and 25% of insurance premium as maintenance allowance for each month. However, Defendant B agreed that the recruitment of policyholders would not be superior to that of the Plaintiff, and those who did not have the intention to pay insurance premium would also be recruited as the Plaintiff’s policyholder and receive insurance commission from the Plaintiff, and maintained the insurance contract by means of paying insurance premium only for a certain period of time using the above insurance commission.

B. Around August 17, 2012, Defendant B recruited F without intent to pay insurance premium as a policyholder and paid the insurance premium on behalf of the Plaintiff. Around September 25, 2012, Defendant B, who received KRW 1,811,200 from the Plaintiff in return for the solicitation of the said insurance contract (attached Table 11-2) in return for the solicitation of the said insurance contract (attached Table 11-2), Defendant B, around the end of August 2012, requested Defendant D and E to the effect that “I would pay the subscription fee for the recruitment of policyholders, and if I would like to introduce a person who solicits policyholders, I would pay part of the subscription fee.” On the other hand, Defendant D and E agreed to pay 420% or 480% of the insurance premium to them as an agreed fee.

After that, around October 2012, Defendant B agreed that Defendant C would pay part of the insurance commission that Defendant C would receive from the Plaintiff as an agreed fee when requesting Defendant C to recruit policyholders and requesting Defendant C to do so.

Around November 2012, Defendant B agreed to the above purport with G introduced from Defendant E.

3. Each of the above.

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