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(영문) 울산지방법원 2014.10.23 2013가합7024
채무부존재확인
Text

1. The Plaintiff’s obligation to return insurance premiums for each insurance contract listed in the separate sheet of insurance contract against the Defendant.

Reasons

1. Basic facts

A. From June 15, 2012 to February 27, 2013, the Defendant concluded 12 insurance contracts between the Plaintiff and the Plaintiff via the Defendant’s wife and the Defendant’s insurance solicitor B, who is an insurance solicitor belonging to Dlim F Financial Design, as shown in the insurance contract list in the attached Table.

Each insurance contract listed in the Schedule of the Insurance Contracts (hereinafter referred to as "each insurance contract listed in the Schedule of the Insurance Contracts") refers to each insurance contract of the case, and as set forth in the No. 1 Insurance

B. Each of the instant insurance contracts is a life insurance contract with the purport that the Plaintiff’s beneficiary, the insured’s surviving life until the expiration of the insurance period, the congratulatory money for maturity, and the insured’s death during the insurance period.

C. From the date of conclusion of each of the instant insurance contracts to March 2013, the Defendant: (a) up to March 2013, totaling KRW 406,140,000 to the Plaintiff as the insurance premium under each of the instant insurance contracts; and (b) deemed

D. D.

Under the premise of each of the instant insurance contracts, the Defendant: (a) KRW 41,000,000 from the Plaintiff on February 1, 2013; and (b) the same year.

8.27,170,000 won, and the same year;

3. Terms and Conditions Loans of KRW 102,640,00 in total, KRW 34,470,000.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 3 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff 1’s insurance contract is of the nature of the savings insurance, and the payment of the death insurance cannot be deemed as a life insurance, as it is not primarily intended for the payment of the death insurance.

In addition, the "insurance contract which covers the death of another person as an insured accident" stipulated in Article 731 of the Commercial Act refers to the case where the policyholder and the insured are different. Since B concluded each of the insurance contracts of this case on behalf of the defendant as the policyholder and the insured, all of the policyholders and the insured of each of the insurance contracts of this case

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