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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. On April 3, 2001, an insurance solicitor C designed a life insurance contract for non-payment of KRW 86,150 per month, which is the spouse of the insurer, the contractor, and the insured (hereinafter “instant insurance contract”).
B. Around that time, an insurance contract (Evidence A) with respect to monthly payment, automatic transfer, unpaid insurance premium payment, and automatic loan payment from the foreign exchange bank account in the name of the Plaintiff was drafted.
C. The insurance premium of the instant insurance contract was paid from the said account under the Plaintiff’s name until September 2009, and the automatic transfer was suspended, and the total of KRW 9,821,100 was paid by the automatic loan payment method from September 2010. The Defendant terminated the instant insurance contract on December 1, 2010 on the ground that the insurance premium was unpaid, and KRW 7,307,133 of the cancellation refund was stored as the dormant insurance money.
Meanwhile, in the first instance court on June 23, 2010, the Plaintiff and B continued a divorce lawsuit 2009dhap3920 (principal lawsuit), 2009dhap5933 (Counterclaim) and sentenced on June 23, 2010 to “the Plaintiff and B,” and the Plaintiff and B appealed only with respect to the division of property, consolation money, designation of a person with parental authority, child support, etc. (the Seoul High Court 2010Reu16 (principal lawsuit), 2010Reu1623 (Counterclaim).
B is currently residing in the United States.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3 through 4, Gap evidence 6, Gap evidence 7, Eul evidence 1, Eul's testimony and the purport of whole pleadings
2. The assertion and judgment
A. On April 3, 2001, the Plaintiff asserted as a policyholder, through an insurance solicitor C, concluded the instant insurance contract with the Defendant as the insured at the time of the Defendant’s spouse B. In order for the insurance solicitor C to avoid the written consent of the life insurance contract under the name of another.