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(영문) 의정부지방법원 2018.11.09 2018나203020
납입보험료 반환
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

2...

Reasons

1. Basic facts

A. On December 29, 2015, the Plaintiff entered into a contract with the Defendant (hereinafter “instant insurance”) with a twenty-year maturity, the insurance period from December 29, 2015 to December 2, 2065, which is KRW 158,562 per month of the insurance premium (hereinafter “instant insurance”).

B. The main contents of the instant insurance terms and conditions are as follows.

Article 29 [In cases where the payment of premiums is in arrears, a peremptory notice and termination of a contract] ① In cases where a contractor fails to pay premiums from the second or subsequent payment date to the due date for the payment of premiums, and thus the company is in arrears, the company shall notify him/her of the following matters in writing (registration mail, etc.), telephone, or electronic document, etc. by fixing a period of not less than 14 days (7 days in cases where the insurance period is less than one year) as the maximum period for the payment (7 days in cases where the last day of the payment period is not a business day, the maximum period for the payment shall not exceed

However, the company shall compensate for the cause of the payment of insurance money that occurred before the termination.

1. Statement that the contractor (if the beneficiary of the insurance is different from the contractor, including the beneficiary) shall pay the overdue premium within the payment demand period;

(3) Where a contract is terminated pursuant to paragraph (1), a refund for termination under Article 35 (1) shall be paid to the contractor;

Article 30 (Recovery of Effect of Termination Contract due to Delayed Payment of Insurance Premiums) (1) Where a contract is terminated in accordance with Article 29 (in cases where the payment of insurance premiums is in arrears, demand and termination of the contract) but fails to receive refund for termination (a loan of an insurance contract).

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