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(영문) 대구지방법원포항지원 2014.08.21 2013가단11681
보험료반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 4, 2008, the Plaintiff’s husband B concluded the monthly insurance premium of KRW 1,000,000 with the Defendant Company and KRW 3 years of payment period (certificate number: D; hereinafter “certificate 1 insurance contract”) with the Defendant Company through the Defendant Company’s insurance solicitor C. On November 27, 2009, the Defendant Company’s insurance solicitor E entered into a non-payment assistant VIP amount pension insurance contract (certificate number: F; hereinafter “Class 2 insurance contract”).

B. B, on February 6, 2012, changed the contractor and beneficiary of the No. 1 insurance contract and No. 2 insurance contract into the Plaintiff, the wife.

C. The Plaintiff paid a total of KRW 44,80,000 by April 12, 2013 with respect to the Type 1 insurance contract, and paid KRW 8,798,000 on September 2, 201, and KRW 30,710,00 on April 12, 2013 respectively, and KRW 59,771 on April 12, 201 remains.

The Plaintiff terminated the second insurance contract on April 12, 2013, and the insurance premium paid until April 12, 2013 is KRW 29,184,00, and the refund upon cancellation is KRW 12,793,192.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2, and 2-1, 2, 3-3, Eul evidence 4-1, 2, and 5-1, 2-2, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that C/E, the insurance solicitor of the defendant, provided a false explanation about the payment period of the first and second insurance contracts, and as to the portion directly signed by B, the first and second insurance contracts are null and void. The defendant asserts that he/she is liable to refund the unpaid insurance premium out of the insurance premium received from the plaintiff.

B. We examine the judgment, and find that the evidence submitted by the Plaintiff alone explained false information about the payment period, etc. by E, an insurance solicitor of the first insurance contract and the second insurance contract, and that B, a proxy signature, was signed.

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