2. The defendant shall pay to the plaintiff 57,421,520 won with 5% interest per annum from May 7, 2009 to October 8, 2010, and 20% interest per annum from the next day to the day of complete payment.

3. All costs of the lawsuit shall be borne by the defendant.

4. Paragraph 2 can be provisionally executed.

The defendant shall pay to the plaintiff 72,958,229 won and 15,536,709 won with an annual interest of 5% from the day following the delivery of a copy of the complaint of this case to the day of the judgment of the court of first instance; 5% interest per annum from the day following the delivery of a copy of the complaint of this case to the day of full payment; 57,421,520 won with an annual interest of 5% from the day following the delivery of a copy of the complaint of this case to the day of the judgment of the court of first instance; and 20% interest per annum from the next day to the day of full payment (the plaintiff shall claim for the return of 75,175,610 won with an initial unjust enrichment; and the plaintiff shall reduce part of the claim at the court of first instance to the day of first instance; and shall add the claim for damages

2. Purport of appeal

The same shall apply to the order.

(a) Facts of recognition;

(1) From August 28, 2003 to November 30, 205, the Plaintiff and Nonparty 2 were as indicated in [Attachment 1] List 1: (i) the Plaintiff, Nonparty 1, the insured, Nonparty 2, insurance premium 24,900 won on August 28, 2003; (ii) the name of the product, Nonparty 2, the insured, the insurance premium 146,350 won on Jan. 20, 204; (iii) the name of the insured goods (non-party 1) the total insurance premium of KRW 30,000, KRW 146,350 on the insurance premium 20, KRW 140, KRW 205, KRW 10, KRW 400 on the insurance premium ; and (iv) the insurance premium 20, KRW 132,60 on the date of the contract.

She, however, at the time of the conclusion of the above insurance contract, without the written consent of the insured by means such as directly signing and sealing the subscription form, the Plaintiff concluded the insurance contract by means of signing and sealing all the signatures of the insured.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, and 3 evidence (including each number; hereinafter the same shall apply), the purport of the whole pleadings

B. Determination

However, Article 731 (1) of the Commercial Act provides that "any insurance contract of which the death of another person is an insured accident shall obtain the written consent of the other person at the time of conclusion of the insurance contract" is a mandatory law, and any insurance contract which is concluded in violation of this provision is null and void (see Supreme Court Decision 96Da37084 delivered on November 22, 196).

Therefore, as seen in the above facts, each of the instant insurance contracts is an insurance contract which covers the death of the same person as the insured in the separate sheet No. 1, and as long as it has been concluded without the written consent of the above insured, barring any special circumstance, each of the instant insurance contracts is null and void, barring any special circumstance. As such, the Defendant is obligated to refund to the Plaintiff the total sum of the amounts borrowed by the Plaintiff from the Defendant as stated in the separate sheet No. 1, 9,285,610 and interest 2,17,381 won as stated in the loans and interest 2,17,381 won as stated in the separate sheet No. 1, and interest 2,17,381 won as stated in the separate sheet No. 2,26,327,381 won as the aggregate of the amounts paid by the Plaintiff on June 9, 2005 under the instant insurance contract (=2,327,381 won + KRW 217,381 won + 200,29,2985 won).

2. Judgment on the defendant's assertion that the statute of limitations expired

A. Summary of the assertion

As to this, the Defendant asserts that the extinctive prescription expires when the right to claim the return of premiums is not exercised for two years, and that the Plaintiff may claim the return of premiums from the payment date of each insurance premium in cases where the insurance contract is null and void as shown in each of the instant insurance contracts. As such, the extinctive prescription period for the right to claim the return of premiums runs from the payment date of each insurance premium, and that the extinctive prescription expires after the lapse of two years after the total amount of KRW 57,421,520 paid before April 26, 2007, which is the date on which the instant lawsuit was filed, was retroactively counted from April

B. Determination

In light of the above, the right to claim the return of premiums is complete unless it is exercised for two years (see Article 662 of the Commercial Act). However, the right to claim the return of premiums, which is sought due to the invalidity of an insurance contract, is not individually generated whenever it is paid every month, but becomes a single claim for the return of premiums paid under an invalid insurance contract. Thus, only when the policyholder pays the last premium, the right to claim the return of the total premiums paid under the same insurance contract has occurred and the extinctive prescription has run from the time when it is paid (see Article 62 of the Commercial Act).

In the instant case, according to the evidence evidence Nos. 1, 2, and 3 of this case, the Plaintiff’s insurance premium under the “(Unauthorized) 1” insurance contract from August 28, 2003 to Nov. 20, 2008 among each insurance contract of this case, and the insurance premium under the “(Unauthorized) 2 through 5” insurance contract from Jan. 20, 2004 to Nov. 10, 2008, the Defendant’s insurance premium under the No. 6 of the [Attachment 1] insurance contract from Sep. 17, 2004 to Nov. 10, 2008, which was paid from Sep. 10, 2004 to Nov. 10, 2008, and each of the above insurance premium was paid by the Plaintiff from Oct. 10, 2008 to Nov. 10, 2008.

3. Conclusion

Therefore, the defendant shall pay to the plaintiff 15,536,709 won (15,536,709 won in favor of the judgment of the court of first instance) and as requested by the plaintiff, 5% interest per annum as provided by the Civil Act from May 7, 2009 to November 19, 2009 and 20% interest per annum as provided by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment, to the day of the delivery of a copy of complaint of this case, as to the existence and scope of the defendant's duty of performance, and 57,421,520 won (72,98,229 won - 15,536,709 won) and 15,536,709 won in favor of the court of first instance. Accordingly, the part of the court of first instance as to the plaintiff's claim for additional payment of the money from the next day of the judgment of first instance to the day of second instance, 20% interest.

[Attachment]

Judges Kim Jong-Gyeong (Presiding Justice)