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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts between the Plaintiff and the Defendant on May 16, 1995, the Plaintiff entered into a contract with the Plaintiff, the period of payment 20 years, the paid-in premium KRW 128,00 per month, the starting age of the pension in the 21st century, the age of 60 years, and the insurance period (hereinafter “instant insurance contract”). The fact that the Plaintiff paid the insurance money under the instant contract to the Defendant between 20 years is not disputed between the parties, or recognized by the entry (including the serial number) in Gap evidence 1 and 3.
2. According to the Plaintiff’s purport of the instant insurance contract, the minimum interest rate for dividends to be paid to the Plaintiff is 7.5% per annum, and the dividend in 2015 calculated by the above interest rate is 3,408,333 won. The Defendant paid only KRW 240,192 as the dividend in 2015.
Therefore, the Defendant is obligated to pay to the Plaintiff the remaining dividends of KRW 3,168,141 (=3,408,333 - 240,192) and damages for delay.
3. In full view of the purport of the argument as a whole in the statement of Gap evidence Nos. 1 through 3 (hereinafter "the subscription design of this case"), the insurance money of this case consists of the basic pension which is paid in 2,50,000 won each year from the year when the insured becomes 60 years of age (in 100,000 won each year), 3,500,000 won each year from the year when the insured becomes 60 years of age, the basic pension which is paid in 3,50,000 won each year, travel fund 2,50,000 won, long-term congratulatory money, and the insurance money and dividends to be paid in death and disaster according to the insurance contract of this case. The subscription plan of this case consists of the amount of dividends according to the insurance contract of this case divided into "interest guarantee deposit" and "contractor's dividends", and then, the amount of dividends at the rate of interest rate of 1 year maturity and the estimated rate of this insurance contract can be changed to 9.