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(영문) 수원지방법원 2017.06.29 2016나74170
보험료반환
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. Defendant Hansung Life Insurance Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company running insurance business, etc., and Defendant B is an insurance solicitor of the Defendant Co., Ltd.

B. On March 4, 2013, through Defendant B, the Plaintiff concluded a contract between the Defendant Company and the Defendant Company (hereinafter “instant insurance”).

C. From March 4, 2013 to September 19, 2014, the Plaintiff paid a total of KRW 2,407,129 (= KRW 126,691 + 19) to the Defendant Company.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Judgment as to the main claim

A. At the time of the conclusion of the instant insurance contract, Defendant B explained to the Plaintiff that the instant insurance was a savings product with 3.5% annual interest rate, but did not explain to the Plaintiff the important contents of the terms and conditions, such as, at the time of the conclusion of the instant insurance contract, Defendant B explained that the instant insurance was a savings product with 3.5% annual interest rate, and that there would be any loss of principal, and that the amount of insurance premium may be increased by being renewed every three years, and that it does not constitute similar cancer, and that it would be able to be guaranteed as a "serious disease" in most cases immediately

As above, Defendant B did not fulfill the duty to explain terms and conditions by deceiving the Plaintiff and caused the Plaintiff to conclude the instant insurance contract. Thus, the instant insurance contract should be null and void or cancelled. The Defendants shall jointly and severally refund the total amount of the premium paid to the Plaintiff.

B. Determination 1) According to the overall purport of Gap evidence Nos. 1, Eul evidence Nos. 1, Eul evidence Nos. 1, 3, and 4, and Eul evidence Nos. 2 (C. 2) and the whole voice and pleading, the plaintiff became aware of the defendant B with the introduction of workplace rent, the plaintiff became aware of the defendant B with the introduction of workplace rent No. 1, and the defendant B three times until entering into the insurance contract of this case, and the subscription of the insurance contract of this case (the "contract terms" of No. 1).

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