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(영문) 서울중앙지방법원 2020.11.25 2019나77363

보험에관한 소송

Text

1. All appeals filed by the plaintiff and the defendant and the plaintiff's claims expanded by this court are dismissed.

2...

Reasons

1. Basic facts

A. On November 18, 2013, the Plaintiff entered into a savings insurance contract (hereinafter “instant insurance contract”) with the Defendant on the following grounds: (a) the Plaintiff’s insured period from November 18, 2013 to November 18, 2028; and (b) the ten-year payment of the monthly insurance premium (100,000 won) in TM (a contract offering and subscription via telephone).

B. After the conclusion of the instant insurance contract, the Plaintiff paid a total of KRW 6,200,000 in total over 62 times from November 2013 to December 2018. On January 8, 2019, the Plaintiff terminated the instant insurance contract and received KRW 5,990,000 from the Defendant for the cancellation refund.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, the purport of the whole pleadings

2. Determination on the occurrence and scope of liability for damages

A. 1) A related legal doctrine or an insurance solicitor’s employee is obligated to protect customers so that customers can reasonably make a decision on whether to enter into an insurance contract based on the relevant information by clearly explaining, when entering into an insurance contract with customers or soliciting them, the payment of premiums, the grounds for paying insurance proceeds and refunds for termination of payments, and the calculation standards for such amount, as well as important matters of an insurance contract with which the characteristics and risks of individual insurance products, such as investment form and structure, can be identified. If such obligation is breached, the same shall apply to the case before being amended by Act No. 750 of the Civil Act or Article 102(1) of the former Insurance Business Act (amended by Act No. 10394, Jul.

shall be liable for any loss of the customer caused by such loss.

Here, whether insurance companies or insurance solicitation workers should explain to customers certain extent of the important matters of insurance contracts should be determined by taking into account the characteristics and risk level of insurance products, experience and understanding ability of customers. However, Articles 97(1) and 95(1) of the former Insurance Business Act and the Gu.