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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is an insurer running non-life insurance business, etc., and the Defendant, an insurance solicitor, concluded a non-dividend accident insurance contract with the employees of B and C operated by B, the beneficiary, and the insurance period from September 26, 2012 to September 26, 2017.
B. Around August 4, 2014, around 17:40 on August 4, 2014, an insurance accident under the insurance contract, which occurred as seen earlier, was crashed inside the original tin capital and died while the employees D were engaged in aggregate production work at the workplace of Seo-gu Incheon, Seo-gu, Incheon.
C. Meanwhile, as a person employed in C after the conclusion of the above insurance contract, the Plaintiff and B changed the contract from F, who retired from the insured from C to D on June 2013, and the Plaintiff and B changed the contract. The signature written in D’s written application for approval for the change of the contract and written notification prior to the change of the contract, and the signature written in D’s resume were somewhat different, and the Plaintiff’s written request for written appraisal is different from the signature written in D’s written application for approval for the change of the contract, and the Defendant’s written and written statement were presented.
Accordingly, the Plaintiff signed D’s signature written application for approval for the above contract modification is by the Defendant. The above insurance contract is null and void in violation of Article 731(1) of the Commercial Act demanding the consent of another person in writing at the time of entering into an insurance contract which covers the death of another person as an insured event. If so, B, a policyholder, suffered damage from the Defendant who is an insurance solicitor, and thus, the Plaintiff is also liable for damages under the main sentence of Article 102(1) of the Insurance Business Act. On November 28, 2014, the Plaintiff paid 12 million won to B (the insured amount based on the above insurance contract is 170 million won or 170 million won, taking into account the negligence of B who is the policyholder).
[Ground of recognition] Facts without dispute, Gap evidence 1 to 7 respectively.