보험에관한 소송
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Date of recognition D contract: February 2017;
2. E contract date: March 2017.
3. F contract date: February 2017;
4. G contract date: March 23, 2012: March 2017.
5. H contract date: July 30, 2017: December 2016;
A. The Plaintiff, while working as an insurance designer belonging to the Defendant, concluded five insurance contracts with the Defendant as the insured as follows (hereinafter collectively referred to as “instant insurance contracts”). The said insurance contracts include paying a certain amount of monthly insurance premium, and include the death of the insured in the event of an insurance accident.
B. In such a manner, the Plaintiff concluded the instant insurance contract by acting in behalf of the insured column as set forth in the written subscription for the insurance contract and did not obtain C’s written consent for the conclusion of the insurance contract.
(c)
From 2012 to March 2017, the Plaintiff paid the Defendant KRW 38,621,80 in total as the insurance premium of the instant insurance contract.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2 (at least two documentary evidence shall include all numbers), and the purport of the whole pleadings
2. Determination
A. (1) With respect to the cause of the claim, Article 731(1) of the Commercial Act that Article 731(1) of the Commercial Act provides that an insurance contract which covers the death of another person as an insured event shall obtain the written consent of the other person at the time of the conclusion of the insurance contract shall be null and void (see Supreme Court Decision 96Da37084 delivered on November 22, 1996). The health care unit of the insurance contract which is concluded in violation of the law and regulations is null and void (see Supreme Court Decision 96Da37084 delivered on November 22, 196). Since the Plaintiff did not obtain the written consent of the insured Party C when concluding the insurance
3) Therefore, the Defendant’s total amount of the insurance premium that was paid to the Plaintiff with unfair benefits is 38,621.