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(영문) 대전지방법원 2016.11.29 2016가단211900
채무부존재확인
Text

1. On the basis of each insurance contract entered in the separate sheet of insurance contract, against the defendant.

Reasons

1. In full view of the overall purport of the pleadings in each entry in the evidence Nos. 1 to 9 (including each number), the facts constituting the cause of the claim can be acknowledged as a whole.

2. The assertion and judgment

A. 1) The Plaintiff’s each insurance contract of this case was terminated on February 29, 2012, after hearing the words that it is difficult to guarantee the Plaintiff’s right to request the return of the Plaintiff’s insurance premium, and terminated each insurance contract of this case on February 29, 2012. The Plaintiff should refund KRW 56,042,111, which remains after deducting KRW 13,509,889 from the total amount of the insurance premium paid by the Defendant, from the total amount of KRW 69,52,00. The Plaintiff should refund only KRW 624,968, and thus, the remainder should be refunded. 2) The Plaintiff’s right

B. Determination 1) The Commercial Act merely provides that the extinctive prescription shall expire if it is not exercised for two years against the right to request the return of insurance premiums (Article 662 of the Commercial Act before the amendment), and that as to the starting point of the extinctive prescription, the extinctive prescription shall run from the time when an objective right arises in accordance with the general legal principles of the Civil Act and the right is exercised. However, barring any special circumstance, the right to request the return of insurance premiums paid in accordance with invalid insurance contracts in violation of Article 731(1) of the Commercial Act can be exercised when an insurance premium is paid, barring any special circumstance. Thus, the extinctive prescription of the right to request the return of the above insurance premiums runs from the time when each of the insurance contracts of this case was paid (see Supreme Court Decision 2010Da92612, Mar. 24, 201). The Defendant had no written consent from the insured regarding the insurance contracts of this case until October 1, 2010; the Defendant normally paid the insurance premium of this case until March 1, 201, 201.

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