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(영문) 서울남부지방법원 2015.10.29 2015가합102447

보험에관한 소송

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

Nonparty B was commissioned as Defendant insurance solicitor on January 5, 2006, and was dismissed on October 15, 2012.

Upon the Plaintiff’s recommendation, the Plaintiff concluded each insurance contract with the Defendant Company (hereinafter collectively referred to as “each of the instant insurance contracts”) as follows.

On March 11, 2006, the Plaintiff entered into an insurance contract (hereinafter referred to as the “insurance contract with the Plaintiff, the Plaintiff, the insured amount of KRW 10 million, KRW 200,000,000 per month of insurance premium, KRW 200,000 per month of insurance premium, payment period and insurance period, amount of insurance coverage, and special account reserve) (hereinafter referred to as the “first insurance contract”).

On November 26, 2007, the Plaintiff concluded a contract (hereinafter referred to as “the insurance contract of Type 2”) for non-dividend PCD’s pension (the insured, the Plaintiff’s insurance premium of KRW 2 million per month, the payment period of KRW 5 million, the period from the insurance period contract to the payment date of the final pension, the period from the commencement of the pension to the payment date of the final pension, the age limit of 61, the pension payment method, the mixed pension type (the defined 20-year-type 50%, the performance-type 50%) the amount paid, the special account reserve of KRW 6 million, and the amount of the premium already paid at

On December 26, 2007, the Plaintiff concluded a contract for variabled amount pension insurance [the insured, the Plaintiff, the insurance premium of KRW 1 million per month, the payment period of KRW 5 years, the payment period from the contract date of insurance period to the payment date of the final pension, the commencement of the pension or the age of KRW 45 years, the mixed Pension for the Payment Method of Pension (the fixed 20-year-type 50%, the performance-type 50%) the amount paid, the special account reserve of KRW 6 million, and the amount of the premium already paid at the time of claim, whichever is larger (hereinafter “third insurance contract”).

B, around August 2008, the Plaintiff was aware that he was studying abroad, around February 2, 2012, produced the Plaintiff’s resident registration certificate containing Nonparty C’s photograph, who was sentenced to imprisonment, and C, according to B’s instruction, had the Plaintiff’s resident registration certificate as if he were the Plaintiff, and had the Plaintiff’s resident registration certificate as above, presented the forged Plaintiff’s resident registration certificate and opened the account under the Plaintiff’s name.

In addition, C shall visit the branch office of the Defendant Company on March 6, 2012.