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(영문) 전주지방법원 군산지원 2018.06.19 2017가단54560
손해배상(기)
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The Plaintiff asserted that five types of insurance contracts (E, F, G, H, and I) were concluded through the Defendant’s insurance solicitor D, an insurance company.

(The Plaintiff did not claim the specific date of the conclusion date of the insurance contract). Although the contract of each of the above insurance contracts is stipulated D by the contractor, the actual contractor is the Plaintiff, and the Plaintiff paid KRW 40 million to D from January 19, 201 to April 22, 2015.

However, D copied the Plaintiff’s signature without having obtained the Plaintiff’s written signature in an insurance contract, and each of the above insurance contains death security, and thus all of the insurance contracts are null and void under Article 731(1) of the Commercial Act.

The plaintiff suffered losses that could not maintain effective insurance contracts due to the violation of D's delegation contract. The scope is the total amount of insurance premiums paid by the plaintiff to maintain each insurance contract, and the total amount of 30,868,800 won from 2013 to 2016.

D is in a state of insolvency as of the date of the closing of argument, and the defendant is liable for damages to D pursuant to Article 102(1) of the Insurance Business Act, and the scope is the above 30,868,800 won, which is the full amount of the paid insurance premium.

2. The Plaintiff filed the instant lawsuit with the purport that he/she shall exercise his/her claim on behalf of the Defendant.

However, it is insufficient to view that the actual contractor of each of the above insurance contracts is not D, and no other evidence exists, on the basis of whether the claims against D exist or not, and the evidence presented by the Plaintiff is sufficient to prove that the actual contractor of each of the above insurance contracts is not D.

Thus, the lawsuit of this case is dismissed as it falls under a case where there is no standing to sue.

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