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(영문) 청주지방법원 2016.11.04 2016가단1229
손해배상(기)
Text

1. Defendant Dongyang Life Insurance Co., Ltd.: KRW 7,388,735 and its related amount from January 29, 2016 to November 4, 2016.

Reasons

1. Under the following table, the Plaintiff entered into six insurance contracts with Defendant Dongyang Life Insurance Co., Ltd. (hereinafter “Defendant Dongyang Life Insurance Co., Ltd.”) and cancelled the insurance contract Nos. 1 through 4, and Defendant B is an insurance solicitor belonging to Defendant Dongyang Life Insurance Co., Ltd. (hereinafter “Defendant Dongyang Life”).

Serial C 1 C. 9,817,500 1,005,00 1,005,018,018 6,409,325 2,403,157 2D 4,407 2,537,228 2,489,972 3 E on March 31, 2011; 282,282,282,00,001, 1971,247,8034,8034, 247,8034, 28034, 2034, 2034, 2034, 197, 20034 F. 1,034, 1974, 2034, 197, 2838, 207, 3084, 197, 2084, 2075

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1) The insurance contract Nos. 1 through 4 of the table was concluded on January 8, 2014, and the contract cancellation was made, the Defendant shall pay the Plaintiff the amount calculated by calculating the interest rate for the loan of insurance contract as an annual welfare unit for the period from the day following the day on which the full amount of the insurance premium and the insurance premium already paid to the Plaintiff was refunded. 2) The insurance contract Nos. 5 and 6 of the table 5 and 6 violates the obligation to protect the Plaintiff, such as the duty to explain and suitability of important matters of the insurance contract, and violates the contract by signing the Plaintiff’s signature on behalf of the Plaintiff in the key product description, confirmation document and the letter of guide, and thus, the Defendants are liable to jointly pay the insurance premium and delay

B. First of all, as to the claim 1, the plaintiff asserts that the insurance contract Nos. 1 through 4 of the table was concluded on January 8, 2014, and that the contract should be paid damages for delay in calculating the interest rate for the loan of insurance contract as an annual welfare unit from the day after the day when the total insurance premium and the premium already paid are paid until the day after the day when the insurance premium was paid.

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