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(영문) 창원지방법원 2015.09.22 2014나8503
해약환급금
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the above part shall be dismissed.

Reasons

1. Basic facts

A. On October 25, 2006, the Plaintiff entered into a contract between the Defendant and the non-dividend B, which is an insurance contract with maturity refund type (hereinafter “instant insurance contract”). The insured agreed to the Plaintiff’s husband, the insurance period from October 16, 200 to October 16, 204, the insurance premium from October 25, 2006 to October 25, 2004, the premium was KRW 249,960 (basic insurance premium, KRW 28,300, selective insurance premium, KRW 152,378, and KRW 71,812), the content of the guarantee was the payment of general injury death compensation after death of the insured, and the amount of reserve at maturity deducted the insurance premium from the insurance contract’s loan rate of -2%.

Accordingly, the total amount of the premiums paid by the Plaintiff to the Defendant until August 23, 2013 is KRW 20,496,720.

B. On July 25, 2013, the Defendant transferred KRW 11,605,990 on July 29, 2013, the termination refund following the termination of the instant insurance contract to the Agricultural Cooperative Account under the Plaintiff’s name.

On the other hand, on July 25, 2013, the Plaintiff subscribed for a non-dividend comprehensive insurance contract to the Defendant.

C. On August 26, 2013, the Plaintiff unfairly terminated the instant insurance contract to the Defendant. By August 23, 2013, the Plaintiff sent a content-certified mail stating that the Plaintiff shall pay the remainder after deducting the refund for cancellation from the total amount of the insurance premium paid, and the said content-certified mail was served to the Defendant around that time.

The plaintiff, who worked as an insurance solicitor by the defendant, arbitrarily forged each of the above documents by signing her husband B on the "written consent to termination of the insurance contract for another person" and "written application for the insurance contract". Upon cancelling the insurance contract of this case by submitting the above documents to the defendant, the defendant had the defendant pay only 11,605,99 million won out of the insurance premium paid by the plaintiff as the cancellation refund, and had the defendant gain profit equivalent to KRW 8,890,730, which is the difference between the paid insurance premium and the cancellation refund.

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