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(영문) 서울중앙지방법원 2013.11.22 2013가합43715
보험계약유효확인
Text

1. The non-dividend life insurance fluor B (insurance number B) concluded on January 30, 2003 between the Plaintiff and the Defendant.

Reasons

1. Basic facts

A. On January 30, 2003, the Plaintiff, via C, who was an insurance solicitor of the Defendant, concluded a non-distribution insurance policy (hereinafter “instant insurance contract”) with the Defendant as follows:

The name of the policyholder and the insured: The name of the Plaintiff’s goods: The number of non-distribution type insurance policy: The beneficiary: In the case of disability and hospitalization - the Plaintiff/Death - the total insurance premium for each inheritor’s period of payment: From January 2003 to January 200, 2000: 181,200 won from January 1, 2008 to January 176, 200 won from January 2015 to January 171, 200: the insurance premium of KRW 20 days from January 202: the 20th of each month.

B. The Plaintiff paid the insurance premium of the instant insurance contract by automatic transfer from the new bank account in the name of Nonparty D (E; hereinafter “instant account”). Of the insurance premium of the instant insurance contract, the insurance premium of September 201 and October 201 was not withdrawn due to the shortage of deposit balance in the instant account.

C. On September 201 and October 201, 2011, the Plaintiff delayed the payment of the insurance premium, and the Defendant sent the instant insurance contract to the Plaintiff by registered mail on November 3, 2011, and on November 14, 2011, the Plaintiff’s apartment security guards (F) received the payment.

In recent years, the Plaintiff became aware of the invalidation of the instant insurance contract to the Defendant, and the Plaintiff was actively informed of the insurance premium if it was not automatically transferred, but requested to take measures so that it can be restored without paying interest on the unpaid insurance premium. On January 14, 2013, in relation to guidance on the unpaid insurance premium and the invalidation of the instant insurance contract, it was confirmed that the Defendant sent the instant insurance contract to the Plaintiff by registered mail after November 1, 201, and received the security guards of apartment houses residing by the Plaintiff. In order to restore the said insurance contract, it was confirmed that the Defendant received the unpaid insurance premium.

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