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(영문) 광주지방법원목포지원 2020.03.04 2019가단51674
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. Each insurance contract mentioned below Nos. 1 through 4 (hereinafter “each insurance contract of this case”) is invalid due to the Plaintiff’s lack of written signature in each of its subscription forms, and thus constitutes a violation of Article 731(1) of the Commercial Act, which is a mandatory provision.

On July 16, 2010, the insured (insured) under the contractual condition 1 C insurance policy number of the type of insurance (insured) contract date of the contract, the insured (insured subject to insurance) requested on July 16, 2010, the Plaintiff filed a request with the Defendant to return the total amount of the insurance premium, claiming the invalidity of each of the instant insurance contracts and each of the instant insurance contracts listed in the said table and the said table, and the Defendant refused to return each of the instant insurance contracts on October 19, 2010, A maintained A 3 C insurance F on December 24, 2010, A maintained A 4 G insurance H on January 21, 2011, A maintained A 5 G Insurance 5 G Insurance I on January 21, 2011, the Plaintiff returned the total amount of the insurance premium No. 5088, respectively.

B. In violation of Article 97(1) of the Insurance Business Act, K, an insurance solicitor, without any explanation, entered into each of the instant insurance contracts on behalf of the Plaintiff’s signature without obtaining the Plaintiff’s signature, and violated the duty to deliver and explain the insurance terms and conditions under Article 638-3 of the Commercial Act, and the duty to deliver the insurance policy under Article 640 of the Commercial Act. Thus, each of the instant insurance contracts is invalid at source.

C. Although the Plaintiff ratified each of the insurance contracts of this case, ratification of each of the insurance contracts of this case, which is null and void at source, is null and void, and the Plaintiff continued to respond positively to the Defendant’s telephone and pay the premium with the loan. Thus, ratification made by the Plaintiff has no validity as ratification.

At least after performing the obligations prescribed in the Insurance Act, such as obtaining signatures from the plaintiff, the ratification made by the plaintiff shall be made.

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