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(영문) 서울중앙지방법원 2019.06.19 2018가합541825
보험에관한 소송
Text

1. The Defendant’s KRW 120,463,744 as well as the Plaintiff’s annual rate of 5% from July 11, 2018 to June 19, 2019, and the following.

Reasons

Under the underlying facts, each entry of Gap evidence 1, 2, 4, and Eul evidence 1, 10 (including a serial number, unless otherwise specified; hereinafter the same shall apply) is not disputed between the parties, or may be acknowledged by taking into account the whole purport of the pleadings.

The Plaintiff entered into each of the following insurance contracts with the Defendant (hereinafter collectively referred to as “each of the instant insurance contracts,” and, when individually specified, the Plaintiff entered into the instant insurance contract according to the sequence.

The provisions pertaining to the termination and termination refund of the insurance terms and conditions that are common to each of the insurance contracts of this case (hereinafter “instant insurance terms and conditions”) on July 21, 2014, 300 C insurance D 725,90 on July 23, 2014, C insurance E 728,903 August 26, 2014, C insuranceF 1,518,200 on August 26, 2014, G Insurance H 3,060,070 on August 26, 2015, are as follows:

Article 30 (Right of Voluntary Termination of Contractors and Right of Revocation of Consent of the Insured) (1) A contractor may terminate a contract at any time before the contract is terminated, and in such cases, the Company shall pay a refund for termination pursuant to Article 33 (Refund for Termination) (2) to the contractor.

Article 33 (Refund of Termination) (1) The refund of termination under this Agreement shall be calculated in accordance with the "statement for calculation of insurance premiums and liability reserves" of this Agreement, applying the base price on the date this contract is terminated.

(2) Notwithstanding paragraph (1), where the amount of insurance coverage under Article 20 (Change, etc. of Details of Contracts) (1) 2 is reduced, or the contract is terminated under Article 30 (Right to Voluntary Termination, etc. of the Insured's Consent) (1), the calculation shall be made according to the "statement for Calculation of Insurance Premiums and Liability Reserve" of this contract by applying the base price on the second business day from the date of application for termination and shall be made on the second business day from

(3) The minimum guarantee is not granted because the termination refund is changed according to the performance of the special account, and the principal loss is the principal loss.

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