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(영문) 서울중앙지방법원 2017.02.23 2015가단128590
손해배상(기)
Text

1. The Defendant: (a) from September 26, 201, to Plaintiff A, KRW 20,489,408, and each of the said amounts.

Reasons

1. Facts of recognition;

A. C (B) is the mother of Plaintiff A (former E) and B, and F is the insurance solicitor of Defendant Samsung Life Insurance Co., Ltd. (hereinafter “Defendant Company”).

B. C and Plaintiff B, after hearing F’s explanation, entered into an insurance contract between the Defendant Company on July 27, 2012 (the insured, Plaintiff B, KRW 1 billion insurance premium, KRW 20 years from July 27, 2012 to July 27, 2012, and KRW 3,350,000 from July 21, 2012, and (2) as of September 21, 2012, the VIP Credit Insurance Contract (the insured, KRW 1 billion, insurance premium period, KRW 20 years from July 27, 2012, KRW 3,50,00) with the same content as the VIP Credit Insurance Contract (the insured, KRW C, the policyholder, and KRW 1 billion from January 17, 2013, the insurance premium period, KRW 20 years from September 21, 201, KRW 300,500).

C. However, while entering into each of the above life insurance contracts, F paid KRW 3,350,00 as monthly insurance premium for two years, F did not provide sufficient explanation to C and the Plaintiffs on the fact that the insurance period guaranteed in the event that the insurance premium is reduced to KRW 950,000 after two years, is not a life insurance, but a life insurance period of up to 2027, and thus, C and the Plaintiffs entered into each of the above life insurance contracts under the condition that review and understanding of the characteristics of the above life insurance are insufficient.

The Plaintiffs terminated each of the above life insurance contracts on May 2015, on the grounds that they came to know that the period of insurance coverage has been reduced due to the reduction of insurance premiums, and Plaintiff A paid KRW 85,046,750 as an insurance premium from September 2012 to April 2015, and received KRW 37,956,124 as an insurance premium refund on May 15, 2015, and Plaintiff B paid KRW 90,152,70 as an insurance premium from July 2012 to January 2015, and received KRW 42,617,531 as an insurance refund on May 15, 2015.

[Ground of recognition] There is no dispute, Gap evidence 1 to 26, Eul evidence 1 to 14 (including the serial number), witness C and F respectively;

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