1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On January 27, 1994, B entered into a non-dividend cancer insurance contract with the Defendant with the content that the insured shall be the beneficiary B, beneficiary B, and beneficiary statutory heir at the time of death, and that the insured shall receive KRW 4 million in the event of death due to reasons other than cancer and the insurance premium already paid as the insurance premium (hereinafter “instant insurance”).

B. B died due to reasons other than cancer on May 14, 2013. B, prior to the death of the Defendant, B was granted a loan under the insurance terms and conditions of the instant insurance contract (hereinafter “insurance terms and conditions loan”).

C. B’s heir is C and D, the spouse of which is C.

On June 20, 2015, B’s inheritors transferred the claim for death benefit to the Plaintiff, and notified the Defendant of the transfer.

E. At KRW 9,433,784, the Defendant paid KRW 5,754,782, which deducts KRW 3,679,002, such as income tax and resident tax, according to the loan of insurance policy, at KRW 9,43,784, the Defendant paid KRW 4,427,31 to C on June 18, 2015, and the remainder of KRW 1,327,451 to the Plaintiff on June 29, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 4, 10, 11, Eul evidence 1 to 4, and Eul evidence 7 (including each number), the purport of the whole pleadings

2. The Plaintiff’s alleged insurance contract loan is extended only within the scope of the cancellation refund, and the right to receive the cancellation refund is limited to the policyholder, so the cancellation refund or insurance money which is first deducted or offset pursuant to the terms and conditions of the insurance contract loan refers only to the cancellation refund or insurance money which the policyholder has the right to receive.

Therefore, since the beneficiary is the beneficiary's own property, the beneficiary's death insurance benefit should be excluded from the insurance terms and conditions loans and the insurance amount deducted or offset.

In addition, the terms and conditions that deduct or offset insurance loans from death insurance money shall be unfairly disadvantageous to the customer.