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1. Of the judgment of the first instance, the part against the Defendant ordering payment to the Plaintiff in excess of KRW 4,896,554.
Reasons
1. 기초사실 ◆ 보험료 산출기초 ③ 최저보증이율 이 보험은 연 복리 3%(단, 계약 후 10년 초과 기간은 2.0%)를 최저보증합니다.
◆ 해약환급금에 관한 사항 ① 해약환급금 산출기준 안내문구 우리 흥국생명보험회사는 보험료 계산 시 적용한 위험률로 산출한 순보험료식 책임준비금에서 미상각신계약비를 공제한 금액을 해약환급금으로 지급합니다.
(2) A notice stating the reasons for the low refund for cancellation is that some of the insurance premiums paid by the contractor under a system that provides risk guarantee and savings concurrently, unlike the savings of the bank, is the insurance premiums paid by the contractor to other subscribers who suffered an unforeseen accident, and another part is used for expenses necessary for the operation of the insurance company, and the cancellation refund paid when the termination refund is paid in the middle of the year may be less or less than the insurance premiums paid.
On December 22, 2003, while the Plaintiff worked as a branch office at a foreign exchange bank B branch on behalf of the Defendant’s insurance product, the Plaintiff entered into an insurance contract with the Defendant for the subscription to the “pension Savings detailed pension insurance” (hereinafter “instant annuity savings”) as of December 22, 2013, with the insurance period of 10 years, the payment period of 10,000 won, the monthly payment insurance premium of 100,000 won, and the date of commencement of the payment of the insurance money. The main entry in the product summary provided to the Plaintiff at the time is as follows.
B. After January 2004, the Plaintiff reduced the monthly payment premium of the annuity savings of this case from KRW 1 million to KRW 50,000.
(2) Money used for guaranteeing risk of insurance premiums and guaranteeing risk of project costs: 2,493,300 won in the amount used for maintaining contracts, such as recruitment of contracts, collection of insurance premiums, etc... (3) Interest on ① 1,259,464 won in the amount used for maintaining contracts, such as ① 5,716,164 won in the amount of interest on ① 5,716,50 won in the amount of KRW 5,716,164 in the amount of cancellation refund.
C. On December 2013, the Plaintiff issued the instant annuity savings to the Defendant.