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(영문) 대전지방법원공주지원 2015.10.15 2015가단20055
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The fact that there is no dispute between the parties to the contract, the product name contractor’s monthly insurance premium payment date of November 19, 2010, 100 Liberian Pension Plaintiff C (Plaintiffs’ children) KRW 1,000,000, 10,000, 334,800, 300 No. 3534,80, 200, 320, New Social Furine, Plaintiff 1,165,000, 15, 400, and 10,000, 200, 10, 200, 165, 15, 200, 200, Plaintiff D’s 10,50, 200, 160, 15, 205, 205, 160, 205, 205, 15, 15, 2010

A. The Plaintiff concluded each insurance contract between the Defendant and the Defendant via B, an insurance solicitor of the Defendant (hereinafter “instant insurance contract”) according to the sequences set forth below (hereinafter “instant insurance contract”).

B. The Plaintiff terminated the insurance contract of this case as indicated below, and received the cancellation refund from the Defendant.

1) Of the total insurance premiums for termination of the insurance contract of this case, KRW 37,620,00 won 31,341,641,641 won on January 8, 2014; KRW 2.32,81,878 won on January 9, 2014; KRW 32,81,557 won on January 32, 2014; KRW 7,00,00,000 on KRW 9,127,705 won on the date of termination of the insurance contract of this case; KRW 4 insurance contract of this case, KRW 5,40,00 on August 27, 2014; KRW 31,344,973 won on January 18, 2014; KRW 8,047,00 on KRW 7,00 on the date of termination of the insurance contract of this case; and

2. Determination as to the cause of claim

A. The gist of the Plaintiff’s assertion 1B, as to the insurance contract Nos. 1 through 5 of this case for which the principal or profits are not guaranteed, had the Plaintiff enter into an insurance contract with the Defendant, by deceiving the Plaintiff that the contract would not be considered as the principal loss even if the contract was terminated after 2 to 3 years have passed since subscription in the form of installment savings.

After that, the Plaintiff terminated the insurance contract of this case, and the paid-in premium has not been refunded.

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