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(영문) 서울중앙지방법원 2016.09.22 2016가단5040395
약정금반환 청구의 소
Text

1. Defendant Samsung Life Insurance Co., Ltd.: (a) KRW 99,656,246 and its amount from March 8, 2016 to September 22, 2016.

Reasons

1. Basic facts

A. Defendant Samsung Life Insurance Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is an insurance company aimed at insurance business, etc., and Defendant B is an insurance solicitor who belongs to the Defendant Co., Ltd.

B. On May 2, 2012, the Plaintiff, as an insurance solicitor B, entered into an insurance contract with the Defendant Company: (a) the name of the goods (New Plusian Life Insurance; (b) the insurance premium of KRW 5,538,00 on May 2, 2012; (c) the five-year insurance period; (d) the life insurance period of the insured; and (e) the Plaintiff’s insured (hereinafter “First Insurance”); and (b) on January 5, 2013, the name of the goods (VIP-specific life insurance; (e) VIP-specific type insurance; (g) the insurance premium of KRW 5,418,00; (v) the insurance period; and (v) the life insurance period; and (v) the Plaintiff’s insured (hereinafter “Second Insurance”).

C. The Plaintiff paid to the Defendant Company KRW 110,432,523 in total as the insurance premium of Type 1 insurance from May 2, 2012 to February 5, 2014, and KRW 65,596,812 in total as the insurance premium of Type 2 insurance from January 5, 2013 to October 10, 2014, respectively, and thereafter did not pay the insurance premium thereafter.

Around March 7, 2014, the Defendant Company notified the Plaintiff that the second insurance will be terminated on April 1, 2014 if the premium for February 2014 of the second insurance will be paid by March 31, 2014, and notified the Plaintiff that the first insurance will be terminated on April 1, 2014.

E. As of August 19, 2014, the termination refund of a Type 1 insurance is KRW 69,790,111, and the termination refund of a Type 2 insurance is KRW 29,86,135,00 in total, KRW 9,656,246.

F. The Plaintiff did not properly explain the terms and conditions of each of the above insurance contracts to the Defendants by Seoul Central District Court 2014Gahap36813, which was 176,029,335 won (i.e., KRW 110,432,523 - KRW 65,596,812) on the premise that the Plaintiff concluded each of the above insurance contracts without recognizing the characteristics or risks of each of the above insurance contracts (i.e., KRW 110,432,523).

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