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(영문) 수원지방법원 2016.06.02 2015가단107416
손해배상(기)
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Basic facts

A. On February 7, 2013 and May 6, 2013, the Plaintiff, via Defendant B, an insurance solicitor of Defendant Samsung Life Insurance Co., Ltd. (hereinafter “Defendant Company”), concluded three contracts with the Defendant Company as follows.

On February 7, 2013, the date of conclusion of the contract: the Plaintiff and the insured: C. 5,980,000 insurance premium payment period of KRW 10,00,000 for the insurance premium payment period of KRW 5,980,000, the closing date of 10,500, and the closing date of 5,000 VIP variable non-new type standard (hereinafter “instant insurance contract”).

() On February 7, 2013, the date of the conclusion of the contract: The insurance contractor of the insurance contract on February 7, 2013: the Plaintiff, the insured: the 11-year maturity of the C-monthly premium of KRW 5,000,000, and the 11-year maturity of the 11-year maturity date of the payment of the insurance premium of KRW 5,000,000 (hereinafter “instant 2 insurance contract”) on May 6, 2013: The insurance contractor: the Plaintiff, the insured: the 20,410,000 insurance premium of KRW 32,44,00 (the 12-year maturity date of the C-month insurance premium of KRW 1.4,00 (hereinafter “instant 3 insurance contract”).

A person shall be appointed.

B. According to the terms and conditions of each of the instant insurance contracts, each of the instant insurance contracts is the so-called “amount insurance” in which the insurer manages the funds, etc. received from the insured through the special account and reflects the profit and loss therefrom, and may cause changes in the cancellation refund, etc. every day according to the asset management situation and the loss of the principal of the already paid premiums

C. The Plaintiff paid to the Defendant Company KRW 41,860,00 (seven minutes) as the insurance premium under the instant insurance contract, KRW 35,000 (seven minutes) as the insurance premium under the instant insurance contract, and KRW 81,640,00 as the insurance premium under the instant insurance contract, and paid KRW 158,50,000 as the insurance premium to the Defendant Company from February 7, 2013 to August 7, 2013.

Since August 2013, the Plaintiff did not pay insurance premiums after being paid, each of the instant insurance contracts was placed in a state of invalidation.

(e).

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