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(영문) 대전지방법원 천안지원 2018.11.01 2017가단109768
부당이득금
Text

1. The Defendant’s KRW 1,009,088 with respect to the Plaintiff and 6% per annum from July 19, 2017 to November 1, 2018.

Reasons

1. Basic facts

A. On July 30, 2008, B Co., Ltd. concluded the following insurance contract (hereinafter “instant insurance contract”) with the Defendant (the Korea Life Insurance Co., Ltd. before its change):

Insurance Name of Insurance Products: policy holder of non-distribution of dividends foreifififurine Social Reserve Insurance Ⅱ: Type B insured : 340,000,000 won for subscription amount: 340,000 won for each subscription period: 10,000 won for each subscription period: 10,000 won for monthly payment, and 9,850,000 won for actual payment insurance premiums: Securities Number of KRW 3: C

B. B Co., Ltd. paid 9,850,000 won per month to the Defendant over 24 times from July 30, 2008, and paid 236,400,000 won up to June 2010.

C. On August 2, 2010, Company B filed an application for the change of the insurance contract of this case with respect to the insurance contract of this case, and changed the policyholder from Company B to the Plaintiff. On the same day, the Plaintiff received KRW 204,00,000 from the Defendant as the early withdrawal (the Plaintiff received KRW 203,985,020, excluding the actual deduction amount of KRW 14,980). Upon filing an application for the change of the free payment premium of this case, the Plaintiff paid the premium of KRW 90,000 per month thereafter.

On February 23, 2012, the Plaintiff received KRW 14,960,00 as the early withdrawal from the Defendant (the Plaintiff received KRW 14,95,790 excluding the actual deductible amount of KRW 4,210), and thereafter, paid KRW 90,00 per month until September 30, 2014.

E. The Plaintiff did not pay the insurance premium after October 2014, and the Defendant notified the Plaintiff that the instant insurance contract was terminated as of July 1, 2017 as the unpaid insurance premium, around July 19, 2017.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 1, 2, 5 through 8 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion has changed the insurance premium to one million won around August 2, 2010.

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