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(영문) 부산지방법원 2018.12.05 2017가합43025
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

The defendant is an insurance company that runs insurance business under the Insurance Business Act, and D is an insurance solicitor (insurance solicitor) belonging to the defendant.

Plaintiff

C concluded an insurance contract with the defendant through D, and the plaintiff A and B are the children of the plaintiff C.

On March 21, 2014, Plaintiff C entered into an insurance contract with the Defendant and the Insured on March 21, 2014 of the Plaintiff C, the heir at the time of death, the period of insurance, KRW 15 years for the subscription, KRW 1 billion for monthly insurance, KRW 4.84 billion for the name of the goods, KRW 4.8 billion for the name of the goods, and KRW 5.4 billion for the name of the goods, KRW 5.4 billion for the entry into an insurance contract (hereinafter “instant subscription No. 1”) and KRW 2 insurance contract (hereinafter “instant subscription insurance contract”) and KRW 10,000 for the letter of subscription, respectively.

The contractor of the instant insurance contract was replaced by the Plaintiff around February 29, 2016, and the contractor of the instant secondary insurance contract was also replaced by Plaintiff B around that time.

[Based on recognition] The fact that there is no dispute, Gap evidence Nos. 1 through 3 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings, and the plaintiffs' claim for judgment at the time of conclusion of each insurance contract of this case, insurance planner D, which belongs to the defendant, did not explain to the plaintiff C about the refund upon cancellation of the contract, matters concerning the investment type and structure of variable insurance contract, details that the minimum guarantee at the time of early cancellation, risk of principal loss, risk of subscription, and the fact that the relevant insurance contract may be cancelled within three months from the date of subscription in the event that the plaintiff C did not sign the contract, or did not receive a duplicate of the subscription. The plaintiff C entered into each insurance contract of this case due to an error due to

Therefore, the defendant shall restore to its original state upon cancellation each of the instant cases.

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