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(영문) 창원지방법원 진주지원 2018.09.12 2017가합12038
손해배상(기)
Text

1.(a)

Defendant D’s KRW 668,076,00 for Plaintiff A, and KRW 250,000 for Plaintiff B and each of the said money on December 30, 2017.

Reasons

1. Facts of recognition;

A. The Defendant Company is a company engaged in the insurance business prescribed by the Insurance Business Act, and Defendant D and E serve as an insurance solicitor of the Jinyang Branch of the Defendant Company and engaged in the insurance solicitation.

B. From November 25, 2010 to August 16, 2017, Defendant D recommended the Plaintiff to enter into an agreement on a false contribution product that is non-existent in the Defendant Company by presenting “F-12% interest at will” prepared by the Plaintiff, “A”, “F-12% interest per annum.” In making an investment, Defendant D recommended the Plaintiff to enter into an agreement on a false contribution product that is non-existent in the Defendant Company. From November 25, 2010 to August 16, 2017, Defendant D received KRW 668,076,00 in total from Defendant D’s account under the name of Defendant D, to receive KRW 668,07,00,000,000 from Defendant D’s account, Defendant D made an offer to the Plaintiff on September 30, 2013 to “I would have to receive KRW 500,500,000,000,000.”

Defendant D received KRW 250,000,000 from September 30, 2013 to May 18, 2014, the sum of the accounts in Defendant D’s name was transferred from Plaintiff B who accepted such money.

3. Defendant D did not have such investment goods as above, and the said investment agreement was voluntarily prepared by Defendant D, and it was extremely difficult for Defendant D to pay insurance premiums for several recommended insurance contracts under the name of another person for the purpose of insurance solicitation performance. Thus, even if Plaintiff A and B did not have any intent or ability to pay interest, or to return the investment money, the money from Plaintiff A and B as above.

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