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(영문) 서울중앙지방법원 2016.12.16 2016나49572
흥국드림테크연금
Text

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.

Reasons

1. Basic facts

A. On April 12, 2005, the Plaintiff entered into a contract with the Defendant for a “pension insurance policy” with the term “24 million won per month: 200,000 won per month, and the payment period: 10,000 won per month.”

(hereinafter “instant pension insurance”). B.

From the date of concluding a contract ( April 12, 2005) to March 25, 2015, the Plaintiff continuously paid the insurance premium of KRW 200,000 per month over 120 times from the date of signing a contract, and as a result, the total amount of the paid-in insurance premium reaches KRW 24 million, and the pension commencement date ( April 12, 2015) arrives.

C. Accordingly, the Defendant paid KRW 1,464,712 to the Plaintiff on September 4, 2015, totaling KRW 1,464,712, which occurred after the date of commencing the pension, and ② thereafter, paid KRW 255,27 on October 12, 2015 as the pension under the instant pension insurance, and KRW 25,170 on November 25, 2015, and KRW 25,128 on December 14, 2015.

The application for the pension insurance of this case, signed by the Plaintiff, stating, “The above content was stated as follows: “The contractor (insured) may prepare the truth directly, obtain the consent of the insured, receive the insurance terms and conditions, receive the subscription for the storage of the insured, receive the information on the main contents and quality guarantee of the terms and conditions, and explain that the company may confirm the suitability of the contract if necessary, and that in the case of the distributed dividends and interest rate-based goods, the dividend or disclosure rate may be changed.”

E. The “the product summary” on the instant pension insurance contains the following descriptions:

The characteristics of the product: The total amount of the annual pension premium for senior pension (the annual limit of KRW 2.4 million) shall be paid in accordance with the public notice interest rate ( state) for insurance premium income deduction benefits.

1. The calculation of a survivors' pension is calculated by applying the publicly notified interest rate, and if the publicly notified rate is changed, the survivors' pension will also be changed.

5. Payment of pensions in installments in a monthly, three-month, or six-month period, the notice interest rate shall be the month, three-month, or three-month period;

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