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(영문) 부산지방법원서부지원 2020.05.15 2019가단102923
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff concluded three insurance contracts with the Defendant Company upon the solicitation of the insurance solicitor C belonging to the Defendant Company as follows:

(2) The term “each of the instant insurance contracts” refers to the term “each of the instant insurance contracts” according to the sequences set forth below. In general, the term “each of the instant insurance contracts” is referred to as “each of the instant insurance contracts. The term is referred to as “each of the instant insurance contracts.” The term is: (a) the period for the purchase of goods on the date of purchase and the period for the termination of the monthly insurance contract; (b) the total amount of the monthly insurance premium (cost) at the time of termination of the contract (cost) on March 24, 2014; (c) the D Insurance 20 years/Life 469,660; (d) 1,129,050 on January 31, 2019; and (e) the maturity of the D Insurance 20 years/Life 129,050 on April 1, 2014; (e) the F.g., the F. 308/708/108, Jan. 29, 20108

B. On September 28, 2016, the Plaintiff paid the insurance premium for each of the above insurance contracts, and withdrawn KRW 3,000,000 as to the instant first insurance contract, and withdrawn KRW 35,00,000 as to the instant second insurance contract.

In addition, on October 11, 2018, the Plaintiff changed the agreement to reduce the amount of guarantee and received 492,534 won as a result of the agreement from the Defendant Company, and 9,576,149 won as a reduction refund for the instant Type 2 insurance contract.

C. On January 31, 2019, the Plaintiff terminated each of the instant insurance contracts, and received a total of KRW 19,503,297, which is less than the Plaintiff’s paid-in premium from the Defendant Company as a refund for termination.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 8-1 and 2, the purport of the whole pleadings

2. Determination as to the cause of the instant claim

A. The Plaintiff’s assertion caused damage to C, inasmuch as the difference between the amount of premiums paid and the amount of refund for cancellation, etc. (the amount obtained by deducting KRW 19,503,297,297, the intermediate withdrawal of KRW 38,000, and KRW 10,68,68,683, from the total payment of premiums at KRW 116,282,750, from the wind to conclude each of the insurance contracts of this case due to the illegal acts as set forth in C’s below).

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