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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Facts of recognition;
A. 1) C signed an insurance contract on April 29, 2004 with the Defendant on April 29, 2004, between the insured D (1) and the monthly payment of 200,000 won, 60 times (5 years), insurance period of 22 years, and e-insurance contract dated April 29, 2020 for the due date (hereinafter “instant insurance contract”).
(2) The main contents of the instant insurance contract are as follows.
(1) Where a policyholder voluntarily terminates or terminates an insurer on account of insurance premium delinquency, etc., or where the insurance contract becomes invalidated due to the invalidation, etc., refund for cancellation shall be paid to the policyholder
② If the insured is living until the expiration of the insurance period, he/she shall be paid the amount to be accumulated at the time of maturity with the maturity insurance money, and if the insured dies before the age of 15 prior to the age of 15 during the insurance period, he/she shall be paid the accumulated amount at the time of death, and if he/she dies after the age of 15, he/she shall be paid the accumulated amount at the time of death, and if he/she dies after the age of 15, he/she shall be paid the accumulated amount at the time of death, and the accumulated amount here refers to the amount calculated by deducting additional premium and risk premium from the insurance premium of the insurance
(3) Where the insured performs surgery or is hospitalized for a direct purpose to treat a specific disease for children or juveniles as defined in the insurance clauses during the insurance period, the relevant cancer treatment expenses or relevant surgery expenses shall be paid to the insured, etc.
B. The Plaintiff’s claim attachment and collection 1) On October 7, 2004, the loan extended on October 7, 2010 between C and C is the general loan of household subjects, the loan amount of KRW 10 million, and the expiration date of the loan extended on October 7, 2010. The Plaintiff entered into a loan transaction agreement with C, and lent KRW 10 million to C. The Plaintiff did not repay the loan on the expiration date.