In the case of payment of premiums by date check, the time the effect of the payment of premiums takes place.

Where a policyholder has paid the first insurance premium when he/she concludes an insurance contract under the terms and conditions of the insurance contract, the insurance company shall be liable for the insurance accident that occurred before the approval of the insurance contract even if it is stipulated that the insurance company shall be liable for such insurance premium, barring special circumstances, the payment of the insurance premium becomes effective after the date of issuance of the check, and there is no obligation to pay the insurance premium for the insurance

Article 656 of the Commercial Act, Article 156 of the Insurance Business Act

Plaintiff

Korea Education Insurance Corporation

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

The defendant shall pay to the plaintiff 15,00,000 won with 25% interest per annum from the day following the service of the complaint of this case to the day of full payment.

The costs of lawsuit shall be borne by the defendant and a declaration of provisional execution.

According to the above evidence No. 1 (No. 1 premium increase), No. 2 (Collective Security Insurance Contract), No. 3 (Certificate), No. 1-2 (Collective Insurance Contract), No. 3 (Comprehensive Notice to Insured), No. 2-1-4, No. 3-1-2, No. 3-2, No. 9-2, and No. 9-1-2, No. 4 of the insurance premium for the above insurance company were issued to the insured, and the above insurance premium No. 9-2 was issued to the insured. The plaintiff owned five units of insurance premium for the above 7-2, No. 94, and the above insurance premium increase to the non-party 2. The non-party 1 was issued to the non-party 1-party 4, and the non-party 2 was issued to the non-party 3-party 4, the non-party 9-party 2, who is an insurance company affiliated with the defendant Association on July 26, 1986.

Since the plaintiff paid the first insurance premium to the insured at the same time as the subscription for the insurance contract, the defendant asserts that the defendant is obliged to pay the agreed insurance premium to the insured pursuant to Article 2 (2) of the above insurance contract, but because the plaintiff legally acquired the above insurance premium to the insured, the plaintiff is obligated to pay the above insurance premium to the plaintiff. Thus, whether the plaintiff paid the insurance premium before the occurrence of the above accident, in general, unless there are special circumstances, it is given or received for the payment. In particular, in light of the provisions of the Insurance Business Act prohibiting the act of providing special benefits to policyholders or the insured in relation to the conclusion or solicitation of the insurance contract (Article 156 (1) 4 of the above Act), it is reasonable to consider that the payment of the insurance premium becomes effective after the date or check is issued. Thus, as seen above, the plaintiff's obligation to pay the insurance premium to the non-party 2 who is the insurance solicitor of the defendant company to the defendant on July 26, 1986 shall become effective at the expiration of the above insurance contract's issuance date.

Therefore, the plaintiff's claim of this case based on the premise that the plaintiff paid the first insurance premium to the defendant before the occurrence of the insurance accident is no longer reasonable, and it is dismissed, and the costs of lawsuit are assessed against the plaintiff who has lost.

Judges Ora Jin-Jon (Presiding Judge) Kim Jong-chul