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1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On January 22, 2007, B entered into a contract with the Defendant, an insurance company, with the insurance company, with the insurance company KRW 60,000,000,000, and the insurance premium of KRW 60,000,000,000,00 of the insurance money under the special agreement on the guarantee of death from a disaster, monthly payment, and the insurance premium agreed upon B’s death, etc. as an insured event (hereinafter “instant contract”).
B paid the first insurance premium on the date of concluding the instant contract, and the period of guarantee of the instant contract was immediately commenced.
The nominal owner of the instant contract changed from the Deceased on December 2009 to the Plaintiff.
B. The insurance premium stipulated in the instant contract is made by means of automatic transfer from the KB National Bank Account (Account Number: C; hereinafter “instant account”) in the name of the Deceased to the Defendant’s account, and is from September 92, 2014 of the second insurance premium from August 22, 2014 to the Defendant’s account.
9. The premium was paid up to 21.
After that, while the account of this case was in arrears due to no balance, KRW 1,700,000 was deposited in the account of this case on November 18 of the same year.
According to the defendant's business process, if the account holder is different from the account holder, it is impossible to collect the overdue premium without the consent of the account holder.
C. When a contractor under Article 16(1) of the Insurance Terms and Conditions applicable to the instant contract fails to pay the premiums from the second or subsequent payment date until the end of the month following the month in which the payment date falls, the period shall be the maximum payment period from the day following the due date to the end of the month in which the payment date falls, and the company shall terminate the contract on the day following the expiration of the maximum payment period, where the premiums are not paid within the maximum payment period, as stipulated in
The Company shall pay the agreed insurance money for an accident that occurs within the maximum demand period for payment.
"The second or subsequent insurance premium has not been paid by the due date."