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1. The plaintiff's claim is dismissed.
2. Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. On March 26, 2014, the Plaintiff’s mother-friendly B, an insurance agency of the Defendant Company, sought the explanation of the Insurance Solicitation Board D, and concluded an insurance policy with the Defendant Company (IB) and paid KRW 70,000,000 as a lump-sum payment with the maturity beneficiary and the beneficiary of life, with the maturity beneficiary and the beneficiary of life, at the maturity of 10 years fixed.
(hereinafter “instant insurance contract”). (b)
In the case of death caused by general injury, 5 million won in the case of disability caused by general injury, and 5 million won in the case of disability caused by general injury, each insurance money shall be paid as each insurance money multiplied by the rate of disability in accordance with the rate of disability in each case, and when the insurance period expires, the amount calculated by adding the accumulated insurance premium and interest to the beneficiary shall be paid as maturity refund. In the case of death of the insured during the insurance period, the policy reserve accumulated up until that time was paid to the contractor
(c) The net B was diagnosed on March 30, 2015 with the Maambamb, and this year;
4. 15. CFF intended to cancel the instant insurance through AFFD, but now cancelled at the present time, it was without seeking an explanation from D that only KRW 69,957,378 below the principal amount may be refunded.
The net B died on December 17, 2015 as the General Cancer.
The Plaintiff claimed the return of the premium paid by the deceased B to the Defendant Company based on the instant insurance contract, but the deceased died of the disease, not due to general injury guaranteed by the instant insurance contract, and the liability reserve equivalent to the premium already paid was rejected on the ground that the deceased B’s heir should be paid according to his share of inheritance.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Gap evidence 7, Gap evidence 8, Eul evidence 1, the purport of the whole pleadings
2. The Plaintiff’s assertion-B is the husband E who re-born in addition to the Plaintiff, who is her natives.