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(영문) 전주지방법원 2016.08.10 2013가단22678

채무부존재확인

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1. Each of the relevant insurance contracts entered in the separate sheet between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) shall be effective.

Reasons

.It may be less or less than the paid-in premium, because dangerous insurance premiums and project costs (including undeveloped new contract costs) are deducted.

"Insurance premiums (risk premiums) used to guarantee insurance out of paid insurance premiums, and only the amount excluding expenses for the conclusion and maintenance of insurance contracts (project costs) shall be invested and operated in the fund, and the contractor's reserve shall vary according to the performance of the special account.

The insured’s consideration stated in “the items” and “this product is a performance-based dividend-type product that results in profits and losses from the operation of the special account to the contractor and beneficiary, and the death insurance money, termination refund, etc. are changed daily according to the performance of the special account.

“This product is not an investment trust product, deposit, installment savings, or savings insurance for short-term holding purposes, but an actual and dividend type insurance, the main purpose of which is to guarantee death, etc.

"....." Investment and operation is made after subtracting risk insurance premiums, project costs, and special agreement insurance premiums from insurance premiums paid with customer thickness (see explanation of termination refund). Therefore, in order for termination refund to reach the paid-in insurance premium, there is a difference depending on the rate of investment, but it takes a long time

When an investment return rate is based on a standard rate of interest (4.0%): The first principal payment period is a life-long, and the risk insurance premium may not reach the paid principal due to the increase of age thereafter.

The above-mentioned period of arrival of principal may vary depending on changes in the investment rate of the special account.

The key contents of the product description, “a description,” “delivery,” etc., stating the content related to the amount-variable insurance, were written directly and signed.

After the conclusion of each of the instant insurance contracts, Defendant A and C received calls from the Plaintiff’s counselors and explained to the insurance planners easily understand the goods, read the written subscription and the product description, and sign it in their own writing, and the copy of the written subscription and the terms and conditions, and the product description.