채무부존재확인
1. The Plaintiff’s failure, invalidation, and revocation of each insurance contract listed in the separate sheet against the Defendant.
1. Comprehensively taking account of the purport of the entire arguments in the statements in Gap evidence Nos. 1 through 6, the plaintiff concluded each insurance contract with the defendant listed in the separate sheet (hereinafter "each insurance contract of this case") on July 1, 201, and the defendant cancelled each insurance contract of this case on July 7, 2015 and received return of KRW 239,95,250 in total of the cancelled refund money from the plaintiff around July 7, 2015, and there is no counter-proof otherwise.
2. The plaintiff asserts that there is no defect in each insurance contract of this case, and therefore there is no obligation to refund the premium for a fixed term other than the cancellation refund.
The defendant asserts to the effect that since the plaintiff violated the duty to specify and explain when concluding the insurance contract of this case, the remaining amount after deducting the refund for cancellation from the insurance premium of this case should be returned.
3. It is insufficient to recognize that the Plaintiff violated the duty to specify and explain only with the statement of evidence No. 1, and there is no other evidence, and the Defendant concluded an amount-variable insurance contract even before entering into each of the instant insurance contracts in full view of the purport of argument No. 6. The Defendant, at the time of entering into each of the instant insurance contracts, signed a written confirmation confirming that the product description, terms, and conditions were issued by the insurance solicitor B at the time of entering into each of the instant insurance contracts, and that sufficient explanation was given to the product. Of the product description, “the major contents of variable insurance” is “the product’s interest and loss arising from the operation of the special account as the performance-based dividend type product, and the death insurance money and termination refund etc. are attributed to the contractor and the beneficiary daily change according to the performance of the special account. Since the insurance premium paid with the thickness of the customer insurance premium deducted the insurance relation expenses and special agreement on insurance premium specified in the fee guide, it is different according to the rate of profit