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(영문) 인천지방법원 2016.09.02 2015가단46880
청구이의의 소
Text

1. The Defendant’s compulsory execution against the Plaintiff by the Incheon District Court 2015 Ghana37439 is denied.

Reasons

1. Facts recognized;

A. The Plaintiff is an insurance solicitor of the K non-life insurance company (hereinafter “K non-life insurance company”).

B. On May 21, 2013, upon the Plaintiff’s solicitation, the Defendant entered into an agreement on the instant insurance policy (hereinafter “instant insurance”).

C. In concluding the above insurance contract, the Defendant asserted that the Plaintiff violated the duty to explain and thereby caused damage to the Defendant. The Defendant filed a claim for damages against the Plaintiff with the Incheon District Court 2015 Ghana37439, and rendered a decision of performance recommendation on July 2, 2015 that “the Plaintiff shall pay the Defendant KRW 12650,000 and its delay damages,” and the said decision became final and conclusive around that time.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion fully explained the insurance products at the time of entering into the insurance contract of this case, and the defendant concluded a contract on his own after hearing the explanation from the plaintiff, so there is no liability for damages against the defendant.

Therefore, compulsory execution based on the decision on performance recommendation should be rejected.

B. The Defendant asserted that at the time of entering into the instant insurance contract, the Plaintiff wanted to purchase the short term of deposit insurance with the short term of deposit insurance, and the Plaintiff recommended the Defendant to enter into the instant insurance contract, but the Plaintiff was a insurance with a larger savings but became a installment savings after seven years.

Accordingly, the Defendant concluded a contract with the knowledge that the instant insurance is a savings insurance, and paid the aggregate of KRW 1265,00 for 11 months, but did not pay the insurance premium after becoming aware that the instant insurance was a guarantee insurance. Therefore, the instant insurance contract was invalidated, and the Defendant did not receive a refund of the insurance premium.

As above, the Plaintiff’s duty to explain and to protect customers.

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