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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On September 26, 1995, the Plaintiff concluded a pension insurance contract between the Defendant and the insured to receive the Plaintiff, the insurance period of the Defendant, 10 years, the payment period of the insurance premium of 127,200 won per month, and the basic pension of 2 million won from September 26, 2017 (the amount shall be increased by 80,000 won every year from September 26, 2017, but the amount shall be paid from 11th to 2.8 million won each year) and dividends (hereinafter “instant pension insurance contract”).
B. On September 26, 2017, the Plaintiff received KRW 28,800 and dividends from the Defendant.
[Ground of recognition] Facts without dispute, Gap 1, 2, 3, 4, 7 evidence, Eul 1 through 4 (including paper numbers) and the purport of the whole pleadings
2. Determination of the parties' arguments
A. The Plaintiff asserted that, at the time of the instant pension insurance contract, the Defendant explained the expected dividends of at least five million won, including KRW 5.68 million, and KRW 5.44 million, up to 10 times thereafter, at the time of the instant pension insurance contract.
However, on September 26, 2017, the Defendant paid 28,800 won as dividends to the Plaintiff, which is excessively different from the original expected amount.
[In particular, the Defendant promised to guarantee “minimum of 7.5% (predetermined interest rate)” from the date of this decision to the date of death of the Plaintiff each year from the date of this decision to the date of death of the Plaintiff.
9.2. It is obligated to pay 5,000,000 won as a dividend.
B. At the time of the instant pension insurance contract asserted by the Defendant, the Defendant did not promised to pay a fixed dividend to the Plaintiff at the time of the instant pension insurance contract, and the dividend was reduced due to the decline in interest
C. According to the reasoning of the judgment, Gap evidence Nos. 1 and 2, the following facts are stated: (i) when the plaintiff was under 55 years of age on the front of the plan for the purchase of a pension which the plaintiff received at the time of the instant pension insurance contract, and the annuity is commenced, it is stated that the basic pension will be paid in total of KRW 2 million and KRW 5.68,000,000,000 for dividends, and that the said plan will be back.