보험료환수
1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
2...
1. Facts of recognition;
A. The plaintiff is a company aimed at insurance business, and the defendant is commissioned as the plaintiff's insurance solicitor and engaged in insurance solicitation business.
B. The Plaintiff entered into an insurance contract with seven B et al. as shown in the separate sheet (hereinafter “each of the instant insurance contracts”) with the Defendant, and the Defendant did not properly explain the renewal of each of the instant insurance contracts to the policyholders, including B, etc.
C. B, etc. demanded the Plaintiff to terminate each insurance contract of this case and return the insurance premium on the grounds of violation of the duty to explain. The Plaintiff returned the total amount of the insurance premium already paid to B, etc.
[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 and 3 (including additional numbers), the purport of the whole pleadings
2. Determination
A. According to Gap evidence No. 1-1, the plaintiff and the defendant's agent contract entered into between the plaintiff and the defendant shall comply with obligations under related Acts and subordinate statutes, such as the Insurance Contract Act (Commercial Act), the Insurance Business Act, the Insurance Business Supervision Regulations (the duty to explain the issuance of the terms and conditions), the relevant provisions of the company, all business systems, and detailed guidelines (including detailed official guidelines) set by the company in relation thereto (Article 11 subparagraph 1 of the commissioned contract), and the defendant's failure to comply with the matters to be observed under the commissioned contract, etc. if damage occurs to the company intentionally or by negligence, the plaintiff may claim damages against
(Article 15, Paragraph 1, Item 4 of the Commission Agreement) is defined.
In addition, Article 97 (1) 1 of the Insurance Business Act provides that no person engaged in the conclusion or solicitation of insurance contracts shall engage in any act of not notifying policyholders or the insured of the contents of the insurance contracts differently from the facts or informing important matters concerning the conclusion or solicitation thereof. Article 102 (1) of the Insurance Business Act provides that an insurance company shall be an executive officer, employee, insurance solicitor