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(영문) 인천지방법원 2015.03.17 2014가합51165
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

가. 피고 회사는 인보험업 등을 목적으로 하는 보험회사이고, B은 피고 회사에 소속된 보험대리점 비엡시의 보험설계사이다.

B. On December 30, 2010, the Plaintiff Company as an insurance solicitor B, concluded an insurance contract with the Defendant on December 30, 2010, where the Defendant and the Defendant entered into the product name-free dividends PC link C, monthly insurance premium of KRW 30,00,000, monthly insurance premium of KRW 30,000, payment period and insurance period, and type of payment period, and the representative director C of the Plaintiff Company as the insured (hereinafter “instant insurance”).

C. The Plaintiff Company paid a total amount of KRW 960,000,000 by August 1, 2013, but terminated the instant insurance contract on the grounds that there was a violation of the duty to explain at the time of entering into the instant insurance contract, and was paid KRW 752,748,967 from the Defendant on March 11, 2014.

The insurance of this case is a non-dividend social insurance, and ① Universal Social Insurance is divided into risk insurance premiums and savings insurance premiums, and adjusts the amount of payment and timing of payment of insurance premiums. In the case of non-dividend social insurance, risk insurance premiums are characteristics that are not refunded at the time of termination of the contract, ② variable insurance is created and operated as a special account by raising funds as part of insurance premiums, and shares investment profits to contractors according to the performance of the special account, and there is a change in insurance money, reserve, etc. during the insurance period.

【Ground of recognition】 The fact that there has been no dispute, Gap 1, 5, 9, 10, Eul 2 and 5, the purport of the whole pleadings

2. Judgment on the plaintiff company's assertion

A. The summary of the Plaintiff Company’s assertion (1) Although the instant insurance is an insurance solicitor of the Defendant Company despite the characteristic that it is a non-dividend social insurance, B, the insurance solicitor of the Defendant Company, at the time of entering into an insurance contract, is not subject to refund, and the risk insurance premium is not subject to refund, and the method of paying the insurance premium and the termination of the contract.

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