채무부존재확인의 소
1. The insurance contract between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) is based on the attached list.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On September 29, 201, the Defendant, via the Plaintiff’s insurance solicitor B, concluded an insurance contract listed in the [Attachment 1] No. 1 with the Plaintiff (hereinafter “No. 1 insurance contract”), and concluded an insurance contract listed in the [Attachment 2] No. 28, Oct. 28, 2011 (hereinafter “No. 2 insurance contract”).
(hereinafter referred to as the “each of the instant insurance contracts”) b by referring to the first insurance contracts and the second insurance contracts.
From September 1, 201 to December 2013, the Defendant paid a total of KRW 137,900,000 in total for 28 months with respect to Type 1 insurance contracts, and withdrawn KRW 106,580,000 in aggregate from January 15, 2014 to February 21, 2014. With respect to Type 2 insurance contracts, the Defendant paid a total of KRW 132,975,000 in total for 27 months from October 15, 2011 to December 2013 and withdrawn KRW 9,750,000 in total from January 15, 2014 to February 21, 2014.
C. The Defendant paid the insurance premium for each of the instant insurance contracts until December 2013, but did not pay each of the instant insurance premiums for at least two years thereafter, each of the instant insurance contracts became null and void. As of February 6, 2015, the refund for cancellation of the first insurance contract as of February 6, 2015 is KRW 1,868,513, and the refund for cancellation of the second insurance contract is KRW 1,771,303.
On the other hand, each insurance contract of this case consists of a special account operated independently from the general account of the insurer with the portion of the premiums paid by all policyholders, and the assets of the special account are invested in the securities, and profits and losses accrued from the performance of the insurance are attributed to the policyholders, and thus the amount of insurance proceeds and the refund for cancellation are changed during the insurance period. If the performance of the insurance is bad, the insurance amount is an variable insurance that may not reach the basic insurance premium determined at the time of the insurance premium or the insurance contract, and the part of the savings insurance premium used for the investment in order