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(영문) 서울고등법원 2012.09.12 2011나78462
보험금
Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The defendant is an insurance company with the purpose of life insurance business, D is the representative director of C, an insurance agency of the defendant, and E is an insurance solicitor of the above agency.

On the other hand, the plaintiffs are those who have entered into an insurance contract with the defendant through D and E as described in the following sub-paragraph (c).

B. C, the representative director of D, with the solicitation of an insurance contract, received solicitation fees from the insurance company, and, within three months from the date of the insurance contract, solicited the insurance contract as a method of enabling the customer to terminate the insurance contract on the ground of failing to comply with the explanation of the terms and conditions, “non-delivery of the terms and conditions,” “self-delivery of the terms and conditions,” “the termination of the quality guarantee”.

D used the above several methods to attract insurance contracts between the Plaintiff A and the Plaintiff, who was operating a large hospital, and the Plaintiff B.

In other words, D promised to pay 4 billion won to the plaintiffs within 2 months from the date of conclusion of the insurance contract on condition that they pay the insurance premium of 1 billion won per month at least 9 times a total month and maintain 5 years or more, and that they pay 4 billion won a contract, if they do not pay 4 billion won a contract, the plaintiffs may request the insurance company to return the insurance premium for the termination of the "quality guarantee" within 3 months from the date of conclusion of the insurance contract, and shall attract the insurance contract from the plaintiffs.

C. Accordingly, on June 24, 2010, Plaintiff A entered into a pension insurance contract of 5IP100 years old between Plaintiff B and the Defendant respectively (hereinafter “instant insurance contract”); and on July 2, 2010, Plaintiff B paid KRW 980,000,000, respectively, for the first and second installment premiums.

Article 6 (2) of the insurance clauses of this case does not deliver a copy of the terms and conditions and the written subscription to the contractor at the time of subscription or explain the important contents of the terms and conditions, the contractor shall be three months from the date of subscription.

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