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1. The plaintiff's primary claim, the first preliminary claim and the second preliminary claim are all dismissed;
2. The costs of lawsuit shall be.
Reasons
1. Basic facts
A. On April 21, 2005, the Plaintiff entered into a contract with the Defendant on the non-dividend New-Hyperb Care Policy (hereinafter “instant insurance contract”) with the contractor, the Plaintiff, the monthly insurance premium of KRW 43,00, the insurance premium of KRW 20 years, the insurance period of KRW 43,00, the insurance period of KRW 200,00, and the subscription amount of KRW 20,000 (hereinafter “instant Type 1”).
B. On April 21, 2005, the Plaintiff and the Defendant entered into a contract with the policyholder, B, B, 25,400 won of monthly insurance premium, 20 years of insurance premium payment, 48 years of insurance period, 20 years of insurance period, and 20,000 won of the subscription amount (hereinafter “instant No. 2 insurance,” and collectively referred to as “instant insurance” and “each of the instant insurance,” both the “instant No. 1 insurance” and “instant insurance”).
C. From April 2005 to February 2, 2017, the Plaintiff paid to the Defendant a total of KRW 9,781,200 as an insurance premium under each of the instant insurance contracts (=68,400 per month x 143 months).
Each insurance of this case is the maturity refund-type insurance that is repaid at maturity when the Plaintiff paid KRW 43,00 (Insurance Premium of Type 1 Insurance of this case) and KRW 25,400 (Insurance Premium of Section 2 of this case) every month, some of them are used as additional insurance premium, such as risk insurance premium and project cost, and the remainder is applied to savings premium with the fixed interest rate of KRW 4.75% per annum, which is applied to the savings premium, and is repaid at maturity. The amount refunded at maturity is identical to the total amount of the paid-in insurance premium.
In other words, by applying the scheduled interest rate set in each insurance product of this case, the amount necessary to fully refund the paid-in premium when maturity is alive was calculated as the amount of the savings premium of each insurance of this case.
[Ground of recognition] Facts without dispute, Eul evidence Nos. 2, 4, 6, Eul evidence No. 7-1 and 2, the purport of the whole pleadings
2. The plaintiff.