보험계약해지 무효확인
1. On December 1, 2010, the Defendant’s non-dividend Samsung T&T insurance contract (securities number B) with the Plaintiff on December 1, 2010.
1. Basic facts
A. On February 18, 2004, the Plaintiff concluded the following insurance contract with the Defendant (hereinafter “instant insurance contract”).
Insurance Name: Undividend Samsung T&T Securities Number: B policyholder: the Plaintiff Insured: C
B. The main contents of the terms and conditions of the instant insurance contract relating to termination are as follows.
Article 16 [1) (1) When a contractor fails to pay a premium after the second installment of the premium by the due date, the period from the following day to the end of the month following the month in which the due date falls, shall be the maximum period of payment, and when the premium is not paid within the maximum period of payment, the company (Defendant) shall terminate the contract on the day following the expiration of the maximum period of payment, as stipulated in paragraph (3).
The Company shall pay the agreed insurance money for an accident that occurs within the maximum period of payment.
(3) In cases where premiums have not been paid until the due date for payment on or after the second installment, and where premiums have not been paid within the maximum period for payment, a company shall inform a contractor (including a beneficiary specified in the case of insurance for others) of the purport that the unpaid premiums should be paid within the maximum period for payment, and where the premium has not been paid by the due date for the expiration of the maximum period for payment, it shall be notified in writing or by telephone not later than 15 days before the expiration of the contract as the contract is terminated.
C. On October 11, 2010, the Defendant terminated the automatic transfer on the ground that the Plaintiff was requested to terminate the insurance premium transfer of the instant insurance contract. On November 11, 2010, the Defendant sent to the Plaintiff a general mail on the ground that the Plaintiff was unable to receive the insurance premium of the instant insurance contract.
Even after the Defendant did not receive the insurance premium of the instant insurance contract, the Defendant did not pay it to the Plaintiff, and on December 21, 2010.