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(영문) 서울동부지방법원 2018.03.27 2016가단133035
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On June 26, 2012, the Plaintiff recommended Defendant B, an insurance solicitor, as the Plaintiff, the Defendant C, the insured, and the beneficiary at the time of hospitalization and disability, as the Plaintiff, to set aside an amount of unpaid dividends reserve insurance (in the event of subscription amounting to KRW 60,000,000, monthly insurance premium amounting to KRW 3,000,000; hereinafter “instant Type 1 insurance”); and on October 22, 2012, the non-dividend dividends reserve insurance Class II (in the event of subscription amounting to KRW 60,00,00,000, insurance premium amounting to KRW 2,00,000, and KRW 2,00,000,000, and KRW 30,000,00,000, and the insured as the beneficiary at the time of hospitalization and disability (hereinafter “instant Type 2 insurance”); and concluded the insurance policy with each of the Defendants as the Plaintiff on December 24, 2012.

B. By August 2016, the Plaintiff paid a total of KRW 267,880,000 with insurance proceeds to the Defendant Company, and withdrawn KRW 120,000,000, out of the insurance premiums paid with respect to the instant insurance contracts on December 17, 2015 and February 16, 2016.

C. On July 25, 2016, the Plaintiff terminated the instant insurance contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 and 13, and the purport of the whole pleadings.

2. Each of the instant insurance claims asserted by the Plaintiff may incur principal loss without guaranteeing the minimum amount of termination refund as variable insurance. Since this constitutes an important matter of an insurance contract, Defendant B, an insurance solicitor, is obligated to explain such matters to the Plaintiff, who is the insurance policyholder.

Nevertheless, Defendant B recommended the Plaintiff to subscribe to insurance, and explained that each of the insurance products of this case is the product whose principal is guaranteed even if it is terminated after the lapse of three to four years.

The plaintiff paid a total of KRW 267,880,00 to the defendant company and withdrawn KRW 120,000,000 among them, and if it was a product whose principal is guaranteed, it shall be deemed as a refund for termination = 147,880,000 = 267,880.

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