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(영문) 청주지방법원 2019.12.20 2019나13125

기타(금전)

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 25, 1998, the Plaintiff entered into a D insurance contract with C Co., Ltd. (hereinafter “instant insurance contract”) with the content that the maturity date would be August 25, 2018; that would be 84 times the number of payments; that would be KRW 18,400 of the weekly insurance premium; that would be the sum of KRW 13,500 of the insurance premium under four major special agreements, such as cancer disease, women, cancer death, hospitalization, etc. (hereinafter “instant insurance contract”).

On the other hand, the principal contract insurance purchased by the Plaintiff was the maturity refund type, and the special contract was the pure guarantee type.

B. The main contents of the instant insurance contract are as follows.

However, the insurance policy that the defendant delivered to the plaintiff was stated as "if the insurance period expires until the expiration of the insurance period, - the already paid insurance premium."

Article 1 (Establishment of Insurance Contract) (1) Insurance contracts are concluded upon the subscription of a policyholder and the consent of an insurance company.

(hereinafter referred to as "contract", "contractor", and "company". Article 12 (Grounds for Payment of Insurance Money) (1) If any of the following events occurs to the insured after the date of commencement of liability provided for in Article 5 (Effect of Contracts) during the insurance period, the company will pay the insurance money agreed upon to the beneficiary (see attached Table 2 of the Standards for Payment of Insurance Money):

4. If the insured is living until the expiration of the insurance period: The payment (limited to the payment of insurance money, etc.) of the congratulatory money for maturity (limited to the form of maturity refund) Article 24 (6) shall be made by adding 1% of the estimated interest rate for the period from the day following the date on which the cause is issued to the date of the payment under paragraph (1) as an annual welfare.

When the insured is living until the insurance period expires for pure guarantee-type congratulatory money for the payment of benefits specified in attached Table 2, the already paid insurance premium shall be paid.

C. The instant case.