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(영문) 수원지방법원 2015.09.09 2015나6552
보험료환급금청구
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff, an insurance solicitor, was demanded by the Information and Communications Technology Co., Ltd. (hereinafter referred to as “Nonindicted Company”) to subscribe to an automobile dealer’s comprehensive insurance (one-time driving insurance) for his employees.

B. Accordingly, the Plaintiff entered into a comprehensive insurance contract between the Defendant and the Plaintiff as the Plaintiff, the insured company as the Nonparty company, the driver as the substitute driver belonging to the Nonparty company, and the period of insurance from July 3, 2013 to May 31, 2014, with 50 securities numbers as indicated in the “securities number” column of each claim amount calculation.

C. Terms and conditions applicable to the instant insurance contract are as follows:

Article 33 (Change in Details of Insurance Contracts) (1) Any policyholder may change any of the following matters with the consent of the insurance company:

1. A policyholder;

2. Where insurance premiums are modified due to a change in the terms and conditions of the contract pursuant to paragraph (1), the insurance company may refund the insurance premiums to the policyholder or claim additional insurance premiums to the policyholder;

Article 36 (Cancellation and Cancellation of Insurance Contract by policyholder) (1) A policyholder may terminate at any time all or part of the insurance contract at any time.

(2) In the insurance contract for benefit of a third party, a policyholder may cancel or cancel the insurance contract only where he/she has obtained the consent of the registered insured or has an insurance policy.

Article 38 (Refund, etc. of Insurance Premiums) (3) When the insurance contract is revoked or terminated, or its effect is lost, the insurance company shall refund the insurance premiums as follows:

1. Where a contract is cancelled on any ground not attributable to the policyholder or the insured: When the contract is cancelled in accordance with Article 26 (Delivery of Terms and Conditions and Obligation to Explain) paragraph (4), the insurance company;

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