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(영문) 서울고등법원 2016.12.09 2015나2064894
보험에관한 소송
Text

1. Of the judgment of the court of first instance, the part of the judgment against the plaintiff corresponding to the next order of payment is revoked.

The defendant.

Reasons

Based on the facts, Nonparty B, who entered into an insurance contract between the Plaintiff and the Defendant, was an insurance solicitor of the Defendant from January 5, 2006 to October 15, 2012.

Upon the recommendation of university-friendly B, the Plaintiff concluded each insurance contract with the Defendant as follows.

(hereinafter collectively referred to as “each of the instant insurance contracts”). ① On March 11, 2006, the Plaintiff entered into a contract with the Defendant for “non-dividend PPC link” social insurance.

(hereinafter “instant first insurance contract”). The main contents of the first insurance contract are as follows:

On November 26, 2007, the insured’s insurance premium amounting to KRW 10,000,000 for the life-long insurance period of the life-long insurance contract, the insured’s insurance premium amount to KRW 10,000,000.

(hereinafter “instant second insurance contract”). The main contents of the second insurance contract are as follows:

From the insurance period of the five-year insurance period of the Plaintiff’s insurance premium to the date of the payment of the final pension: 61 years old pension payment period of the first five-year insurance period: the amount to be covered out of the total amount of 20 years (50%) performance (50%) payment amount of the final 20% (50%) special account reserve of 6 million won and the premium already paid at the time of claim

(hereinafter “instant third insurance contract”). The main contents of the instant third insurance contract are as follows:

The plaintiff insured's insurance premium payment method of 45 years old age pension payment method from the insurance period of 5 years from the date of the insurance contract to the date of the payment of the final pension: The plaintiff is under study abroad from August 2008 to 45 years old age pension payment method of 20 years old age pension payment amounting to 6 million won of the final 20 years (50%) payment amount (50%) special account reserve amounting to 6 million won, and B insurance contract loan amounting to the amount of insurance premium already paid at the

B, which was aware of this, was in the process of entering into each of the instant insurance contracts around February 2012.

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