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(영문) 서울고등법원 2017.06.09 2017나2004544

손해배상(기)

Text

1. The plaintiffs' appeals against the defendants are all dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, and the reasoning for the judgment of the court of first instance is partially dismissed and the judgment of the plaintiffs on the assertion emphasized by this court is identical to the judgment of the court of first instance, and thus, this is cited by the main sentence of Article 420 of the Civil Procedure Act

The 3th 11 and 12th 12th 11 and 12th 3th 12th 201 and the 13th 13th 203th 201 and the 13th 2013th 201.

Around August 2011, the first instance court's 7-6-8 pages "B A signed and submitted to Defendant P&A a written confirmation of non-performance of the suitability of the variable insured (B/4-3, etc.) and written confirmation (B/4-5, etc.) as follows." On August 201, the part that "B around August 201, Plaintiff A signed the written confirmation of non-performance of the suitability of variable insured insured (B/4-3, etc.) with respect to Defendant P&A as follows, and D, etc. written a written confirmation (B/4-5, etc.).

On 8th 9-11, the first instance court held that “The Plaintiff C notified the average monthly income of at least 10 million won, and the premium expenditure ratio of the average monthly income of less than 10-30% when entering into an insurance contract with Defendant Qlap” part of “The Plaintiff C, when entering into an insurance contract with Defendant Qlap, shall enter into the insurance contract with Defendant Qlap, 2 million won per month, and 100 million won per month of the spouse’s monthly income, and 100 million won per month of the spouse’s monthly income through the diagnosis result, and confirmed that the monthly average monthly income of the Plaintiff was at least KRW 10 million, and the monthly average income of less than KRW 10-30% per month from the monthly average income.”

2. Additional determination

(a) Principles of suitability in an insurance contract shall not recommend the conclusion of an insurance contract which is deemed inappropriate for the relevant ordinary policyholders in light of the age, property status, purpose of purchasing insurance, etc. of the ordinary policyholders;