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(영문) 대구지방법원 2016.01.22 2014나14939
보험료반환
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On August 4, 2008, B, the Plaintiff’s husband, through the Defendant’s insurance solicitor C, concluded the monthly insurance premium of KRW 1,000,000 with the Defendant, and the (unauthorized No. D; hereinafter “certificate 1 insurance contract”) for the payment period of KRW 3 years. On November 27, 2009, the Defendant’s insurance solicitor E through the Defendant’s insurance solicitor E, entered into a non-dividend 912,000 won for monthly insurance premium of KRW 912,00,00 for the payment period of KRW 20,00,000 for KRW 20,00 for the payment period of KRW 1 insurance contract (hereinafter “instant insurance contract”).

B. On February 6, 2012, B changed the contractor and beneficiary of each of the instant insurance contracts to the Plaintiff, the wife.

C. B and the Plaintiff paid the premium of KRW 44,80,000 in total until April 12, 2013 in relation to the first insurance contract. KRW 8,798,000 on September 2, 201, and KRW 30,710,000 on April 12, 2013, respectively, and was refunded KRW 2,561,246 on October 23, 2014.

In addition, the insurance premium of KRW 29,184,00 was paid up to April 12, 2013 in relation to the second insurance contract, and KRW 12,793,192 was refunded after the termination of the said insurance contract on April 12, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 6 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff's assertion

A. In the first place, C and E, the Defendant’s insurance solicitor, explained to B a false statement about the payment period of each of the instant insurance contracts, and as they directly describe the portions to be directly stated in B in the insurance subscription form, each of the instant insurance contracts is null and void.

Therefore, the defendant is liable to refund the unpaid premium out of the insurance premium received from the plaintiff for each insurance contract of this case.

B. Preliminaryly, C and E shall explain to B the important matters of each insurance contract at the time of the conclusion of each of the instant insurance contracts.

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