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(영문) 수원지방법원성남지원 2017.09.05 2016가합205737
손해배상(기)
Text

1. All of the Plaintiff (Counterclaim Defendant)’s primary and preliminary principal claim, and the Defendant (Counterclaim Plaintiff)’s counterclaim claim.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On March 14, 2011, the Plaintiff concluded an insurance contract (hereinafter “instant insurance contract”) with respect to the “non-dividend social accumulation insurance Class II products” with Defendant A, the asset administrator of Defendant A, Inc., Ltd. (hereinafter “Defendant A,”) as to the introduction route of Defendant B, the asset administrator of Defendant B, (i.e., the company of Korea-U., Korea-U.S. Bio-resources; hereinafter “Defendant Korea-U.S. Bio-resources”).

The main contents of the instant insurance contract are as follows.

Article 1. (1) Insurance contracts shall be concluded upon the subscription of a policyholder and the consent of an insurance company.

Article 4 (Delivery and Explanation of Terms and Conditions) (1) Where a contractor has made an offer, the company shall disclose to the contractor the terms and conditions and the subscription form (duplicate of the subscription form) to keep the contractor, and shall explain the important contents of the terms and conditions.

In addition, when a contract is entered into by telephone, the company asked or explain matters necessary for the conclusion of the contract, such as the content of the subscription, insurance premium payment, insurance period, obligation to notify prior to the contract, and important contents of the contract, and explain the important contents of the contract by recording the contractor's response and confirmation.

(2) If a company fails to deliver the terms and conditions to be provided pursuant to paragraph (1) and a copy of the subscription to keep the contractor, or fails to explain the important terms and conditions to the contractor, or the contractor fails to sign the subscription at the time of concluding the contract, the contractor may cancel the contract within three months from the date of the subscription.

Article 7. Voluntary termination of a contract and the right to withdraw the written consent of the insured. (1) A contractor may terminate a contract at any time before the contract is terminated. In such cases, a company shall be governed by Article 22.1.

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