1. Payment due to the failure, invalidation, and cancellation of an insurance contract entered in the separate sheet concluded between the Plaintiff and the Defendant.

1. Basic facts

A. On September 24, 1993, the Defendant entered into an insurance contract with the Defendant, the Defendant, the monthly payment insurance premium of KRW 69,300 (Insurance Premium of KRW 63,00,00), the payment period of KRW 20 years, the insurance period of KRW 20 years, death insurance money, survivor pension, cancer treatment funds, cancer operation funds, cancer care funds, cancer nursing funds, disease care funds, and disability benefits, which are pure guaranteed insurance products that pay disability benefits (hereinafter “instant insurance contract”).

B. The defendant did not pay the insurance premium and invalidated the insurance contract of this case. However, on August 11, 2003, the defendant made a restitution order and paid the monthly premium during the payment period.

C. Meanwhile, the instant insurance contract succeeded to the Plaintiff via the SK Life Insurance Co., Ltd.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 4, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the instant insurance contract is purely guaranteed, but the Defendant asserts that it is an insurance for maturity refund, and demands the full return of the paid-in premium, and thus, sought confirmation of the Defendant’s obligation to return the paid-in premium and the absence of maturity payment

In this regard, the defendant asserts that the insurance contract of this case should be returned the paid-in premium or paid-in premium, because he received the explanation of the insurance solicitor of the maturity refund type insurance.

B. We examine the following circumstances: (a) at the time of entering into the instant insurance contract, there were two types of health care insurance, which are purely guaranteed type 1 and health care insurance, which are maturity refund type 2, for the insurance products sold by the National Life Insurance Co., Ltd., which are purely guaranteed type; and (b) the health care insurance type 1 of the instant case was the monthly payment based on the Defendant’s age at the time of entering into the instant insurance contract.