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(영문) 서울중앙지방법원 2018.04.06 2017가단19669
손해배상(기)
Text

1. The plaintiffs' claims against the defendant are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The Plaintiffs, as indicated below, concluded three insurance contracts with the Defendant as follows.

(hereinafter referred to as “instant insurance contract” according to the sequence of each insurance contract listed below, and in general, “each of the instant insurance contracts” was referred to as “each of the instant insurance contracts”). The instant insurance contract was concluded by the Plaintiff A on behalf of the Plaintiff B, who is a minor.

On January 22, 2013, D 1D 22, 2013, A/A life insurance period / Insurance Proceeds / Payment Period / Insurance Premium / Insurance Premium / Insurance Premium 1D 200 million won / 20 years / Monthly Payment / 1,155,00 won 2 E. 27 March 27, 2013, B/A life insurance/1 billion won / 20 years / monthly payment/ 2310,00 won 3. F. A/A May 31, 2013/A 80// 10 years / 500,00 won Plaintiff A’s each insurance contract of this case from January 2016 that the Universal Plaintiff is able to occasionally deposit insurance premiums, including basic insurance premiums, in advance.

For this reason, the insurer suspended the payment of the premium and demanded the Defendant to return the already paid premium.

Premiums paid by the plaintiffs shall be 4,1580,000 won in the case of a first insurance contract, 7,8540,000 won in the case of a second insurance contract, and 17 million won in the case of a third insurance

2. Determination as to the cause of claim

A. Plaintiff 1) Defendant insurance solicitor G provided a false explanation to the Plaintiff as if the Plaintiff had a social function in each of the instant insurance contracts. 2) Defendant violated the suitability principle by forging relevant documents as if the Plaintiff did not perform the suitability diagnosis.

3) Since the Defendant and the Defendant’s insurance solicitor committed the aforementioned illegal acts against the Plaintiff during the process of concluding each of the instant insurance contracts, the Defendant is obligated to compensate the Plaintiff for damages equivalent to the insurance premium paid by the Plaintiff according to each of the instant insurance contracts. (B) Determination 1) In regard to the breach of the duty to explain, the insurance company or the insurance solicitor’s employee entered into an insurance contract with

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