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(영문) 대전지방법원 2014.07.17 2013가합2805

채무부존재확인

Text

1. There is no obligation to refund insurance premiums to the defendant based on each insurance contract listed in the separate sheet.

Reasons

1. Basic facts

A. On October 9, 2008, the Plaintiff entered into an insurance contract with the Defendant from October 9, 2008 to October 9, 2009, with the insurance period of the Defendant’s wife B, and with the Defendant’s monthly insurance premium of KRW 20,860 (hereinafter “instant first insurance contract”) and the insurance contract described in attached Table 1 (hereinafter “instant second insurance contract”) between October 9, 2008 and October 9, 2009 with the insurance period of KRW 50,660, respectively.

B. Under the main contents of the special terms and conditions of the renewal and automatic renewal of the insurance contract, the instant insurance contract was renewed 4 times each as shown in [Attachment 2(5)] as shown in [Attachment 2(5)].

(A) Each renewed insurance contract (hereinafter referred to as "each renewed insurance contract of this case"). The main contents of the automatically renewed special terms are as follows:

Article 2 (Automatic Renewal of Security Special Clause) 1 (Automatic Renewal of Security Special Terms and Conditions (hereinafter “Special Terms and Conditions of this case”) of the instant 1 Insurance Contract (hereinafter “Special Terms and Conditions of this case”) 1 (Automatic Renewal of Security Special Terms and Conditions of this case), if a special security agreement satisfies the following conditions, if there is no separate declaration of intention of the contractor 15 days prior to the expiration date of the previous special security agreement, it shall be renewed on the day following the expiration date of the special security agreement of this case (hereinafter “Renewal date”) with the same content as that of the previous special security agreement (hereinafter

1. The maturity date of the renewed special agreement for guarantee (hereinafter referred to as "a special agreement for renewal") shall be within the period fixed by the company;

2. The insured person's age shall be within the scope of that determined by the company on the renewal date.

3.The insurance premium under the special agreement for guaranteeing the renewal has been paid normally, Article 3 (Application of Automatic Renewal) 1 Company shall amend the terms and conditions in accordance with the amendments to the laws and regulations and the standardized terms and conditions.