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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts constituting the premise of the dispute
A. A. Around June 27, 2006, the Plaintiff and the Defendant concluded a contract between the insurer and the Defendant and the Plaintiff’s C (Insurance Policy Number D, hereinafter “instant insurance contract”).
Around May 2008, the Plaintiff was diagnosed with the escape certificate of light signboards and claimed insurance money to the Defendant. However, on August 31, 2008, the Defendant notified the Plaintiff that “The Plaintiff should terminate the insurance contract on the ground of violation of the duty of disclosure on the ground of the Plaintiff’s violation of the duty of disclosure, on the ground that it was confirmed that “the Plaintiff’s light signboard escape certificate did not directly cause any direct accident, and that the emulsion of spine changed without paying the Plaintiff’s light signboard escape certificate, and that it was confirmed that the Plaintiff was receiving treatment of Gap's sampling and emul
B. On November 17, 2008, the Plaintiff filed a lawsuit against the Defendant (the claimed amount of KRW 8,280,000 and delay damages) with this Court Decision 2008Gada18786, and on September 15, 2009, the Defendant was sentenced to a judgment on September 15, 2009, and the delay damages amount of KRW 2,780,00, and the above judgment became final and conclusive on October 16, 2009.
[Ground of recognition] Facts without dispute, Gap 1, 3 (including paper numbers), and 6, the purport of the whole pleadings
2. The plaintiff's assertion
A. The Plaintiff claimed the payment of the insurance money as seen earlier, and the Defendant prepared a false insurance accident investigation report to justify the termination of the instant insurance contract, and submitted it to the Financial Supervisory Service and the court, thereby impairing the honor of the Plaintiff.
B. Therefore, the defendant is obligated to pay consolation money to the plaintiff 164,564,280 won.
In addition, the Defendant is obligated to return KRW 5,435,720, which was already paid according to three insurance contracts (insurance policy number E, F, and G) in a state of invalidation, other than the instant insurance contracts concluded with the Plaintiff.
3. Determination
(a) Each entry of 1 to 5 evidence and the purport of whole oral argument as to a claim for the return of insurance premium; and