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(영문) 부산지방법원 2019.05.01 2018나5529
부당이득금반환
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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 “C” in which the Plaintiff alleged as the policyholder and the insured are subscribed to (hereinafter “instant insurance contract”) has not been formed or should be cancelled for the following reasons.

Therefore, the defendant is obligated to return to the plaintiff the total amount of the premiums paid by the plaintiff based on the insurance contract as unjust enrichment.

The plaintiff did not have subscribed to the defendant in relation to the insurance contract, and the defendant did not deliver the insurance clause and insurance policy to the plaintiff, and did not fulfill his duty to explain the terms and conditions.

B. The death of a disease shall be excluded from the coverage of the insurance contract even though the Defendant explained that the death insurance amount would be paid in 20,000 won, regardless of traffic accidents or general accidents, when concluding the insurance contract by deception.

The defendant's act constitutes deception and thus the insurance contract is revoked in accordance with Article 110 of the Civil Code.

2. Determination

A. In full view of the arguments in Gap evidence No. 1 and Eul evidence Nos. 2 and 3, the plaintiff respondeds to "N" after being asked by the defendant's call center staff on March 21, 2013 and on March 22, 2019, when considering the overall purport of the arguments, the plaintiff again purchased the insurance of this case on March 29, 2016, from March 22, 2016 to March 22, 2019.

According to these facts, insurance contracts between the plaintiff and the defendant were concluded and concluded.

(2) In addition, Article 638-3(2) of the Commercial Act is important in the insurer's duty to deliver insurance clauses and its terms and conditions.

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