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(영문) 청주지방법원제천지원 2016.11.30 2015가단3262
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 19, 2015, the Plaintiff concluded an insurance contract (hereinafter “instant insurance contract”) with Defendant Samsung Life Insurance Co., Ltd. (hereinafter “Defendant Samsung Life”) through Defendant B, an employee of Defendant Samsung Life Insurance Co., Ltd. (hereinafter “Defendant Samsung”) who is an insurance agency. On the same day, the Plaintiff paid KRW 6,520,000 in advance for the first to six-minutes of insurance premium, and paid KRW 45,640,000 for the second to six-minutes of insurance premium.

Insurance policy holders and the insured: Type of insurance for the Plaintiff: VIP Smart Type 3.0-1 Monthly Payment Insurance: 6,520,000 won: Five years;

B. On September 16, 2015, the Plaintiff expressed his intent to cancel the instant insurance contract against Defendant Samsung Bio-resources, and received KRW 7,341,050 as the refund money for termination from Defendant Samsung Bio-resources. On the same day, the Plaintiff received KRW 2,700,000 from Defendant B regarding the termination of the instant insurance contract.

C. The instant insurance is the so-called “amount insurance” that reflects the profit and loss of the insurance benefits by managing the insurance premium received by the insurer from the policyholder via the special account, and may cause changes in the termination refund, etc. daily according to the asset management situation and the loss of the principal of the insurance premium already paid.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination as to the cause of action

A. Defendant B, the cause of the claim, at the time of entering into the instant insurance contract with the Plaintiff, only stated that the instant insurance contract is a savings insurance in the form of installment savings and can be withdrawn at any time, and that if a certain amount of fees is paid after paying the insurance premium for two years, the principal amount would be guaranteed and the monthly living expenses would be paid in KRW 5,00,000. The payment of the instant insurance contract, the payment of the insurance money and the refund for termination of the insurance money

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