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(영문) 광주지방법원 2016.07.21 2015가합60544
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On July 2, 2007, the deceased C (hereinafter “the deceased”) was commissioned as the head of the D who is in charge of the business of mediating the conclusion of an insurance contract from the Geum Life Insurance Co., Ltd. (the trade name before the change of the Defendant). From July 3, 2010, the Defendant was commissioned as the head of D and the contract period was extended twice thereafter.

B. The Plaintiffs concluded an insurance contract with the Defendant as shown in attached Table 1 (hereinafter “instant insurance contract”) via the Deceased.

C. After that, a loan was executed as shown in Appendix 2 in the above insurance contract, and part of it was repaid.

around April 2013, the Deceased voluntarily concealed his timber.

E. The instant insurance contract is in the present condition of cancellation or termination.

[Ground of recognition] Unsatisfy facts, Gap evidence Nos. 1, 2, 4, 7, 9, 10, Eul evidence Nos. 1 through 5 (including branch numbers, if any; hereinafter the same shall apply), witness E's testimony, fact inquiry reply to the defendant of this court on December 2, 2014, the purport of the whole pleadings, as a whole.

2. The Plaintiffs asserted that they concluded the instant insurance contract through the Deceased. At will, the Deceased arbitrarily revised the insurance premium, etc. to the insurance policy of some of the above insurance contracts. ② The Insured was designated without any connection with the Plaintiffs. ③ During the process of concluding the said insurance contract, the Plaintiff opened a passbook in the name of the Plaintiffs, signed by inserting the passbook opening documents, terms and conditions lending documents, cancellation documents, etc. in the name of the Plaintiffs, and appropriated the loan and cancellation refund by executing the terms and conditions lending or cancelling the insurance contract.

The plaintiffs are liable to compensate the plaintiffs for the above damages because they suffered damages to the degree of useful amount as above, so the defendant, the employer of the deceased, is liable to compensate the plaintiffs for the above damages.

3. In order to establish an employer’s liability pursuant to Article 756 of the Civil Act to the Defendant to determine the cause of the claim, the Deceased’s.

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