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1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The reasoning for the court's explanation of this case is insufficient to find that Defendant B falsely notifies the risk of principal loss or the major contents of each insurance contract, or did not specifically explain the important matters of the insurance contract of this case to the general policyholder so that the general policyholder can understand the important matters of the insurance contract of this case, as well as addition of Gap evidence Nos. 13, 14, 16, 17, 21 through 36 (including additional numbers) and addition of the following additional determination, it is identical to the part of the reasoning for the judgment of the first instance. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. In the case of variable insurance, the Plaintiff asserts that, despite its duty of care to protect its general policyholders in light of the policyholder’s age, property status, purpose of purchasing insurance, etc., Defendant B paid insurance premiums of at least six million won per month, and thus, Defendant B recommended the Plaintiff who is not in conformity with the insurance contract to enter into an amount-variable insurance contract in violation of the suitability principle stipulated in Article 95-3(2) of the Insurance Business Act, the Plaintiff asserted that the insurance solicitor entered into an insurance contract in violation of the principle of suitability stipulated in Article 95-3(2)
Where an insurance company or a person engaged in insurance solicitation deems that any insurance or variable insurance is inappropriate for a customer in light of the age, property and income status of the customer, social experience, the purpose of purchasing insurance, etc., he/she shall not solicit the conclusion of such insurance contract.
If the solicitation of an insurance contract with excessive risk without complying with these principles of suitability is deemed to be an act having an illegal nature by inducing the conclusion of the insurance contract with excessive risk, the solicitation shall be held liable for the damage of the customer caused by the solicitation pursuant to Article 750 of the Civil Code or Article 102 (1) of the Insurance Business Act.
This is due to the violation of the suitability principle.