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(영문) 부산지방법원 2021.02.02 2020가단316085

보험금

Text

1. The Defendant’s KRW 45,273,914 as well as the Plaintiff’s KRW 6% per annum from May 22, 2020 to February 2, 2021.

Reasons

1. Basic facts

A. On April 24, 1993, the Plaintiff (B before the opening of the name: C) entered into each E contract (hereinafter “instant insurance contract”) with the Plaintiff and the Plaintiff’s husband D, the beneficiary of the Plaintiff, the beneficiary of the Plaintiff, the date of maturity, and the method of payment of the premium each month for 27 years, setting the subscription amount of KRW 76,650,00, and the subscription amount of the prime contract amount of KRW 15,000 each month. The above contract constitutes a contract under the age of 55, and there is a matter of guaranteeing the “old-age pension” which provides that the amount of the scheduled pension and the actual pension, whichever is larger, shall be paid on the day of each year (the highest 10,00,000) by making 15% of the contract amount as the first pension amount if the insured remains on the day of the contract.

B. Meanwhile, Article 3-2 of the instant insurance contract terms and conditions provide that “In the event that the content of the insurance guide (including all guidance data, such as documents, pictures, and paintings) for the production of a company (including a business State, a place of business, and an agency) used by the soliciting entity is different from the content of the terms and conditions, the contract is concluded in favor of the contractor

“......”

(c)

The plaintiff paid the full amount of the insurance premium under the insurance contract of this case to the defendant, and all the insured reached the age of 55.

[Reasons for Recognition] Facts without a partial dispute, entry of Gap's evidence Nos. 3 through 6, purport of the whole pleadings

2. The parties' assertion

A. At the time of the conclusion of the instant insurance contract, the insurance designer F, who belongs to the Defendant, explained that the amount of the old-age pension would reach KRW 124,270,000 when receiving the old-age pension in a lump sum, and that the Plaintiff concluded the instant insurance contract with the Defendant. As such, the fact that the amount of the lump-sum payment payment of the old-age pension was KRW 124,270,000 was the content of the instant insurance contract, and the application of the terms and conditions inconsistent therewith is excluded.

Therefore, the defendant shall pay to the plaintiff a lump sum of old age pension 124,270,000 won and damages for delay.