부당이득금
1. The Defendant’s primary Plaintiff KRW 39,192,960 as well as 5% per annum from November 28, 2015 to September 1, 2016.
1. Facts of recognition;
A. On August 27, 2015, the conjunctive Plaintiff, via an insurance solicitor C, expressed his/her intent to subscribe to the Defendant’s insurance as described below.
1) Undividend-free franchise social: insurance premium of KRW 10 million per month, 10,000 per month, 10 years, policyholders and beneficiaries, preliminary plaintiffs and insured D (hereinafter “instant 1 insurance”).
2) Non-Distribution VIP Pol life insurance: insurance premium of KRW 3,064,320 per month, payment period of KRW 10 years, policyholders and beneficiaries, and insured E (hereinafter “instant 2 insurance”).
B. The contractor’s signature in the subscription form for each insurance contract (hereinafter “each of the instant subscription forms”) written in relation to each of the instant insurance contracts is a Korean signature in which the name of each of the conjunctive Plaintiff is named as “B”. The said signature is not a preliminary Plaintiff’s signature.
C. From August 28, 2015 to October 26, 2015, the conjunctive Plaintiff paid the aggregate of KRW 39,192,960 of the premium of each of the instant insurance contracts three times, and subsequently suspended the payment of the premium.
On September 4, 2015, the conjunctive Plaintiff stated that the Defendant approved each of the instant insurance contracts from C, and received the insurance policy from C on October 2015.
E. Meanwhile, on October 1, 2015, the primary Plaintiff was established, and on November 23, 2015, the policyholder of each of the instant insurance contracts changed from the primary Plaintiff to the primary Plaintiff.
F. Preliminary Plaintiff demanded the Defendant to cancel each of the instant insurance contracts on October 2015, and the primary Plaintiff expressed his/her intent to cancel each of the instant insurance contracts through the Defendant’s call center on November 27, 2015.
G. Article 30 of the Terms and Conditions of the Insurance 1 of this case and Article 31 of the Terms and Conditions of the Insurance 2 of this case are stipulated as follows:
(hereinafter “this case’s terms and conditions”). 【Delivery of Terms and Conditions and the duty to explain, etc.】 Company is important for the contractor when the contractor makes an offer.