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(영문) 전주지방법원군산지원 2015.07.16 2014가합11231
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

가. 원고는 2012. 9. 19. 보험모집인 B를 통해 피고와 사이에 아래와 같은 내용의 이 ◇ 보험상품명 : 무배당 프리미엄드림UP 연금보험(계약번호 : C) ◇ 보험유형 : 종신형 연금보험(연금지급 개시일 : 2032. 9. 19.) ◇ 보험계약자, 피보험자 및 보험수익자 : 원고(사망 시 보험수익자는 상속인) ◇ 보험료 : 월 14,000,000원씩 20년납 사건 보험계약을 체결하였다.

B. The Plaintiff, upon the recommendation of B, made a lump sum payment of KRW 168,00,000 (14,000,000 x 12) of the annual insurance premium as of September 19, 2012, following the Plaintiff’s advance payment of the insurance premium, which is higher than the monthly installment payment.

C. When the Plaintiff’s insurance premium paid in advance was fully appropriated after one year from the date of insurance coverage, on October 10, 2013, the amount of KRW 14,000,000 of the premium for September 10, 2013 was automatically transferred from the Plaintiff’s account, and the Plaintiff did not pay the premium thereafter, the Defendant notified the Plaintiff of the termination of the instant insurance contract on the ground of the unpaid insurance premium around November 2013.

[Ground of recognition] Gap evidence 1, 2, Eul evidence 1, Eul evidence 1, witness Eul's testimony, the whole purport of the pleading

2. The Plaintiff’s assertion that the instant insurance contract is a pension insurance product that requires the Plaintiff to pay the insurance premium of KRW 14,000,000 each month for twenty (20) years. However, B did not explain to the Plaintiff the key contents of the insurance terms and conditions, and did not deliver the terms and conditions and product specifications. If the instant insurance contract is paid at one time, the Plaintiff had the Plaintiff enter into the instant insurance contract by deceiving the Plaintiff as if it were a product to be a welfare interest.

Therefore, the insurance contract of this case concluded by deception or mistake is revoked by delivery of a complaint, and the defendant is entitled to receive insurance premium of 182,00,000 (168,000,000,000) and damages for delay paid from the plaintiff as unjust enrichment return.

3. Determination Correspondings, including evidence Nos. 1 to 6, 10, 12 to 14;

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