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(영문) 대전고등법원 (청주) 2017.04.25 2015나11398
계약무효에 따른 원상회복 등
Text

1. Of the judgment of the court of first instance, the part against the plaintiff (appointed party) who falls under the following order of payment.

Reasons

1. Basic facts

A. The Plaintiff A and the designated parties (hereinafter referred to as “Plaintiffs”) worked for the Defendant Company (formerly: Korea Life Insurance Co., Ltd.) and retired on April 2009.

B. Around May 2009, the Plaintiffs sought explanation from the Defendant on the “Korea Personal Retirement Account Asset Management Insurance” (hereinafter “instant product”) which is an individual retirement account, and concluded the instant product contract (hereinafter “instant contract”) with the Defendant with the following content, and paid the instant charge (hereinafter “instant charge”).

Serial contractor's retirement allowance payment rate ± retirement allowance pay rate ± approximately KRW 97% G 273,012,940 on May 15, 2009, KRW 73% of KRW 100 million on April 15, 2009, KRW D 202,000,000 KRW 74% on May 12, 2009, KRW 50,000 KRW 50,000 ( KRW 269,200,000 KRW 50,000 on May 12, 2009, KRW 1550,500 won on May 13, 2009.

C. At the time of the above contract, the Plaintiffs expected benefits, such as the receipt of pension and non-taxation, but thereafter, in the process of confirming the amount of pension payment under the instant contract, the Plaintiffs heard flocks from the Defendant’s employees to the effect that “the instant goods are unable to receive the pension, and the interest income tax shall be imposed separately even when receiving the instant goods in lump sum,” and filed each civil petition with the Defendant

D. The instant suit was filed.

Meanwhile, on December 28, 2012, Plaintiff A terminated the portion of KRW 220 million (securities number F) out of KRW 2220,000,000, and received KRW 223,850,766 as a refund.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 10, 11, 12, 14 (including each number; hereinafter the same shall apply), Eul evidence No. 1, and the purport of the whole pleadings

2. The parties' assertion

A. The defendant's summary of the plaintiffs' assertion is to conclude the contract of this case.

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