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(영문) 서울동부지방법원 2014.11.07 2014가합100335
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is an insurance company that runs the life insurance business, etc.

B. The Plaintiff directly transferred KRW 118,810,40,00 to B under the pretext of insurance premium, etc. from December 2009 to January 201, 201, after hearing the statement that “The Plaintiff would be able to make it invalid due to the failure to pay the insurance premium among the insurance policyholders of the Defendant, but when the Plaintiff pays the refund and insurance premium to the existing policyholders, it would change the holder of the amount-variable insurance contract to the Plaintiff, thereby allowing the Plaintiff to earn more than the insurance premium paid by the Plaintiff after a certain period of time.”

C. From among the 16 variable insurance contracts in which B promised to change the name to the Plaintiff, only five cases [co-friendly social insurance (certificate No. D), eco-friendly social insurance (certificate No. 6), E in the name of E, each site change social insurance (certificate No. H, I), and J’s personal site change social insurance (certificate No. K) in the name of G] were changed to the Plaintiff, and the name of the policyholder, beneficiary was changed to the Plaintiff, and the Plaintiff paid the insurance premium of KRW 4.6 million directly to the Defendant from October 25, 2010 to July 25, 2012.

Since then, five variable insurance contracts changed in the name of the Plaintiff were canceled due to the unpaid premiums, etc., and the Plaintiff received from the Defendant payment of KRW 36,242,745 (= KRW 12,091,029 + KRW 3,915,910 + KRW 12,039,911 + KRW 8,195,895).

【Fact-finding without a dispute over the basis of recognition】: Gap's 1 through 12, 18 through 33, Eul's 1 through 20, the purport of the whole pleadings

2. The plaintiff asserted that B, although it was impossible for B to bring about the plaintiff to change the name of 16 insurance contracts or to bring about more profits than the insurance premiums paid, the plaintiff deceivings the plaintiff in the above manner, and the defendant took money in the name of the insurance premium.

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