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(영문) 서울북부지방법원 2017.03.16 2015가단147019

채무부존재확인

Text

1. There is no obligation to return an insurance premium to the defendant based on each insurance contract listed in the separate sheet.

Reasons

1. The following facts may be acknowledged in light of Gap evidence Nos. 1 to 3, and the purport of the whole pleadings as to witness B's testimony.

On May 1, 2007, the Defendant entered into an insurance contract with the Plaintiff’s insurance solicitor B who was introduced by C, and each insurance contract listed in the attached Table No. 1 (hereinafter “No. 1 insurance”) and the amount variable insurance listed in attached Table No. 2 (hereinafter “No. 2 insurance”), and the amount variable insurance listed in attached Table No. 3 (hereinafter “No. 3 insurance”) on August 23, 2007, respectively.

B. After that, the Defendant paid KRW 13,269,60 of the premium from May 1, 2007 to October 2016 with respect to Type 1 insurance. ② From May 1, 2007 with respect to Type 2 insurance, the Defendant borrowed KRW 13,00,00 as collateral for Type 2 insurance in June 5, 2008 while filing an application for a temporary suspension of payment of the premium and withdrawing the premium, and repeated the application for a change of the Fund on May 7, 2009, and eventually terminated on March 2, 2011, the Defendant received KRW 11,468,871 of the premium upon cancelling the application for a change of the Fund. ③ From August 23, 2007 with respect to Type 3 insurance, the Defendant received KRW 11,468,871 of the premium upon cancelling the application for a suspension of payment of the premium and its withdrawal on the date and revocation of the premium as collateral.

C. The Defendant asserted that each of the instant insurance contracts should be invalidated and revoked and demanded to refund the total amount of the paid-in premium to the Plaintiff.

2. The assertion and judgment

A. The plaintiff asserted that the defendant claimed the full return of the paid-in premium when he applied for the termination of each of the insurance contracts of this case, but the plaintiff did not have any obligation to return it to the defendant, since each of the insurance contracts of this case does not have any invalidation or grounds for revocation.

As to this, the defendant, 1.