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1. The Defendant’s decision on performance recommendation (Seoul Central District Court Decision 2017Gaso645987) against the Plaintiff was based on June 27, 2017.
Reasons
1. Facts of recognition;
A. On December 1, 2012, the Defendant: (a) concluded an agency damage guarantee insurance (hereinafter “instant insurance”) with an annual amount of KRW 10,000,000,000 for a new consortium with respect to the consortiums for which the renewal contract has been concluded, where the consortiums belonging to the ELD Life Health C (hereinafter “C branch”) caused damage to C branch offices due to an illegal act; (b) the insured is the C branch office (representative B); and (c) the amount of the compensation limit has been renewed every year since the conclusion of the agency damage guarantee insurance (hereinafter “instant insurance”).
B. From June 5, 2008, the Plaintiff, while working as a consultant for C branch offices, had been supplied with and sold cosmetics, etc. from B (C branch offices). Finally, on May 1, 2014, after being supplied with cosmetics, etc., the Plaintiff discontinued the consortium activities on January 2015.
Since December 1, 2012, the Plaintiff received goods from B but did not return and did not pay the price, and the amount of the price of the goods was KRW 14,98,079 as of July 31, 2013, and finally became KRW 14,765,879 as of January 31, 2015, and thereafter has not been recovered.
On the other hand, B set aside KRW 200,000 or KRW 300,000 each year from among the benefits paid to the consultant in order to use the consultant for the purpose of repaying debts in case that the consultant inflicts damages. Of the Plaintiff’s benefits, the accumulated amount is KRW 1,00,000,000 in total.
C. As such, the Plaintiff received goods from B and did not act as a consortium and did not deposit the product price. B around October 14, 2016, on the ground that the Plaintiff caused the insurance accident of the instant insurance, the Plaintiff notified the Defendant of the insurance accident, and requested the payment of the insurance money.
Accordingly, the defendant is the plaintiff B.