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(영문) 대법원 2020.02.27 2018다304779
보험계약해지 무효확인 등
Text

All appeals and supplementary appeals are dismissed.

The costs of appeal are assessed against the Defendants. The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal and the grounds of incidental appeal are examined.

1. As to the Defendants’ grounds of appeal

A. As to the assertion of the misapprehension of the legal principles and reason, failure to exhaust all or part of the contract, etc. concerning the validity of the contract excluded from termination of the contract under Article 663 subparagraph 1 of the Regulation of Standardized Contracts Act (hereinafter “Terms and Conditions Act”), the policyholder may terminate the contract at any time before the occurrence of the insured event. However, in the case of an insurance contract for another person, the policyholder shall not terminate the contract without obtaining the consent of the third party or holding the insurance policy (Article 649(1) of the Commercial Act). If the insurer pays the insured amount due to the insured event, if the insured amount is not reduced, the policyholder may terminate the insurance contract even after the occurrence of the insured event (Article 730 of the Commercial Act). The life insurance is an insurance contract involving the death, survival, or death of the insured, and life insurance (Article 730 of the Commercial Act). In principle, the insurance contract cannot be terminated after the occurrence of the foregoing insured event in life insurance, based on the reasoning of the lower judgment and the record reveals the following facts.

Defendant B Co., Ltd. (hereinafter “Defendant B”).

(2) On April 10, 2014, the first pension insurance contract of this case was concluded between the Plaintiff, the beneficiary of maturity pensions, the Deceased, the beneficiary of death, the Plaintiff, and the period from April 10, 2014 to April 10, 2024. The first pension insurance contract of this case was concluded on May 2, 2014 with the maturity pension beneficiary changed to the Plaintiff, and the beneficiary was changed to the Plaintiff’s heir, respectively. (B) The first pension insurance contract of this case paid a certain amount of monthly pension to the surviving beneficiary during the insurance period, and paid the death insurance to the beneficiary at the time of death during the insurance period.

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