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1. A policyholder and Nonparty B entered into on April 17, 2012 with respect to an insurance contract entered in the separate sheet.
Reasons
1. Basic facts
A. The Plaintiff is to apply the basic terms and conditions of credit transactions to B. As of July 26, 201, the Plaintiff loaned KRW 10 million to B at the maturity of July 26, 2013, the interest rate of KRW 9.9% per annum, and the interest rate of delayed interest rate of KRW 19% per annum. B paid the principal and interest of the said loan from August 25, 2011 to March 25, 2013, and lost its interest due date due from failure to perform its obligations thereafter. As of December 26, 2013, the remainder of the principal and interest of the said loan is KRW 10,116,09 (the remaining principal and interest of KRW 9 million per residual principal, delay damages, 16,199 won).
B. On March 30, 2004, B entered into an insurance contract on the separate sheet (hereinafter “instant insurance contract”) with the Plaintiff. On April 17, 2012, B entered into a contract on the change of the policyholder and beneficiary of the instant insurance contract (hereinafter “instant insurance transfer contract”).
According to the terms and conditions of the instant insurance contract, the policyholder may change the policyholder with the consent of the Plaintiff, who is an insurance company, and the Plaintiff Company is not a product to change the policyholder, but a product to change the policyholder if the insured’s written consent is obtained. Accordingly, the Plaintiff approved the change of the policyholder between B and the Defendant.
C. The Defendant continued to pay the insurance premium after the insurance transfer contract of this case, and up to now, the payment of the insurance premium was 10,100,000 won. The termination refund of the insurance contract of this case as of April 17, 2012 was KRW 7,691,151.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 9, 10, 11, and the purport of the whole pleadings
2. The Defendant’s judgment on the exclusion period of the Defendant’s defense and the cancellation of the instant insurance transfer contract between the Defendant and B is subject to the limitation period, since the instant lawsuit seeking the cancellation of the instant insurance transfer contract was filed one year after April 17, 2012 when the Plaintiff became aware of the transfer of the instant insurance.