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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1, 2, 3, and Eul evidence Nos. 1 to 4:
On May 21, 2007, the Plaintiff entered into an insurance contract with the Defendant, the insurer, with the term of insurance coverage, five years (the maturity date May 21, 2012), five years (the insurance premium of 46,180), and the monthly insurance premium of 46,180 (hereinafter “instant insurance”). Article 6(1) of the instant insurance clause provides that “The contractor shall automatically renew the insurance contract at any time when the policyholder pays the first insurance premium under the renewal contract by the due date of the insurance premium payment,” Article 7 of the instant insurance clause provides that “The contractor may terminate the contract, and in this case, the Defendant shall pay the cancellation refund to the contractor.” Article 16 provides that “If the insured (insured) lives until the expiration of the insurance period, the health care fund, one of the insurance money, shall be paid.”
B. On March 16, 2012, the Defendant sent an insurance renewal guide to the effect that if the insurance contract is renewed to the Plaintiff on March 16, 2012, the monthly insurance premium shall be increased to 72,120 won. The Plaintiff paid the increased insurance premium in KRW 72,120 after the expiration of the instant insurance period.
C. On March 14, 2013, the Defendant paid KRW 643,475 to the Plaintiff for the reason that the Plaintiff was alive until the expiration of the instant insurance period.
The Plaintiff terminated the instant insurance contract renewed on July 12, 2014, and the Defendant paid KRW 148,359 to the Plaintiff as the refund for cancellation.
Meanwhile, the renewed premiums paid by the Plaintiff by the date of termination are KRW 1,875,120 (72,120 x 26 months) in total.
E. The defendant's example table of refund money provided to the plaintiff around the date of conclusion of the insurance contract of this case is indicated as follows.