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(영문) 서울중앙지방법원 2015.04.09 2014가합578454
손해배상(기)
Text

1. The plaintiff's respective claims against the defendants are all dismissed.

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

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 Gap evidence Nos. 1, 4, 7, 8, 11, and Eul evidence Nos. 1, 2, and 5:

From June 2012 to March 2013, the Plaintiff concluded each insurance contract with Defendant Samsung Life Insurance Co., Ltd. (hereinafter “Defendant Samsung Life”) via Defendant Samsung Life Insurance Co., Ltd. (hereinafter “Defendant Samsung Life”) on a total of six occasions as listed in the following table (hereinafter “each insurance contract”, and individually indicated “each insurance contract”).

1. 2 34 54 56 product 234 56 product tower, Plux insurance tower, C, Plaintiff D D C, on June 15, 2012, on July 13, 2012, 2012, 16 August 2013, 2013, 4,494,000,000,501,001,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

B. The Plaintiff paid a total of KRW 297,456,100 insurance premium by up to October 2014, the Plaintiff terminated all each of the above insurance contracts on the grounds that there was a violation of the duty to explain at the time of entering into each of the instant insurance contracts, and received KRW 111,182,282 from Defendant Samsung Bio-resources on October 16, 2014.

C. Each of the insurances Nos. 1, 2, 3, 5, and 6 of the instant case is a universal insurance. The Universal Insurance is divided into the risk insurance premium and the savings insurance premium, and the amount and the timing of payment of the insurance premium can be adjusted. In the case of non-distribution-based universal insurance, the risk insurance premium is not refunded at the time of termination or maturity of the contract.

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