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1. The plaintiff (appointed party)'s appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).
3. The first instance.
Reasons
1. The following facts may be found in each entry in Gap evidence Nos. 1, 4 through 7, and Eul evidence Nos. 5 and 8 (including all the serial numbers), either in dispute between the parties, or in full view of the whole purport of the pleadings:
On February 27, 2006, the deceased B (hereinafter referred to as the “the deceased”) entered into a non-dividend trinal pension insurance contract with the Plaintiff and the beneficiary at the maturity of the insured as the deceased (hereinafter “instant insurance contract”). The instant insurance contract aims at the Defendant’s payment of the death insurance amount to the beneficiary of the insurance contract if the insured dies within the insurance period.
B. The Deceased paid a total of KRW 89,340,000 in total over 30 times from February 2, 2006 to July 2008, the Deceased, based on the instant insurance contract.
C. The Deceased received 52,90,000 won on June 8, 2006 from the Defendant on the basis of the instant insurance contract, including the sum of KRW 52,96,035 won on June 22, 2006 and KRW 1,700,000 on November 15, 2006, and KRW 52,990,000 on November 19, 2007. On July 25, 2008, the Deceased received 26,06,035 won on the basis of the cancellation refund after the termination of the said insurance contract (i.e., KRW 52,90,000, KRW 26,06,035).
The Deceased died on April 26, 2009, and the Plaintiff and the designated parties are children of the Deceased.
2. The plaintiff's assertion that the defendant did not perform his duty to explain the above insurance contract while entering into the insurance contract of this case with the deceased and the plaintiff's death as an insured accident, and did not obtain the plaintiff's written consent. Thus, the insurance contract of this case is null and void. Accordingly, the defendant compensates the plaintiff and the designated parties for damages, including the insurance premium paid based on the insurance contract of this case, recruitment allowance, payment reserve of the death insurance, and refund for termination at the time of early termination.