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(영문) 서울북부지방법원 2019.04.30 2018나38025
보험계약당시 명시설명의무위반 원금반환
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The following facts may be acknowledged either as a dispute between the parties, or as a whole as to the statements in Gap evidence Nos. 4 to 6, Gap evidence No. 9, Eul evidence No. 1-1 to 3, Eul evidence No. 2, and Eul evidence No. 3-1 to 3.

On September 12, 2005, through C, an insurance solicitor, the Plaintiff entered into a DNA insurance contract (securities number E, and the instant insurance contract) with the Defendant, setting the insured amount as KRW 15 million, insurance period and payment period, KRW 300,000 per month, and the new insurance premium as KRW 300,000 per month.

B. On September 21, 2005, the Plaintiff entered into a F Contract (Securities Number G; hereinafter referred to as “Securities Number 2 insurance”) with the Defendant through C, who is an insurance solicitor, setting the insured amount as KRW 50,000,000,000 for the insurance period, KRW 20 years for the insurance period, KRW 89,50 per month for the insurance premium as KRW 89,50.

C. On December 16, 2005, the Plaintiff entered into H contract (securities number I; hereinafter “instant insurance”) with the Defendant through C, an insurance solicitor, by setting the insured amount as KRW 50 million, the insurance period and the payment period as KRW 90,000,000, and the new insurance premium as KRW 990,000,000 per month.

The Plaintiff paid KRW 3,542,00 in total pursuant to the instant insurance contract from December 16, 2005 to May 201, 2017. From October 4, 2007 to December 13, 2013, an aggregate of KRW 19,100,000 among the insurance premium was withdrawn. Around June 2017, the Plaintiff terminated the instant insurance contract and received KRW 7,690,914 from the Defendant.

2. Summary of the plaintiff's assertion

A. At the time of entering into the instant insurance contract, the Plaintiff thought that the degree of risk insurance premiums and fund management fees may arise, but did not hear detailed explanation about the fees, and concluded the instant insurance contract without properly understanding the content of the instant insurance.

B. At the time, the Plaintiff did not receive a product description, a certificate of example of refund for cancellation, etc., and the customer certificate.

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