보험계약이 무효인 경우 나누어 낸 보험료반환청구권의 소멸시효의 기산점
Starting Point of Computing Extinctive Prescription of the Right of a Claim for Return of Installment Premium upon Nullifying of Insurance Contract
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Commercial Act Article 648 provided that where the whole or a part of a insurance contract is null and void, if the policyholder and the insured have acted in good faith and without gross negligence, the insurer may be demanded to returned the whole or a part of the premium. The same shall apply where the policyholder and have the beneficiary have acted in good faith and without gross negligence. Article 662 also provided that the shall become complete if not exercised for a period of 2 years. The supreme court decision of 2011. 03. 24. treat this rare issue. The litigation was long in progress, but the legal issues are relatively simple. After the supreme court remand after reversal, orignal court judged that extinctive prescription of the right of a claim for return of installment premium upon nullifying of insurance contract shall run from the each time it becomes possible to exercise. In this case considerable right of the insured was extinct because the extinctive prescription of each claim shall become complete if not exercised for a period of two years after each payment. The writer conclude that the judgment is correct.
Abstract
Commercial Act Article 648 provided that where the whole or a part of a insurance contract is null and void, if the policyholder and the insured have acted in good faith and without gross negligence, the insurer may be demanded to returned the whole or a part of the premium. The same shall apply where the policyholder and have the beneficiary have acted in good faith and without gross negligence. Article 662 also provided that the shall become complete if not exercised for a period of 2 years. The supreme court decision of 2011. 03. 24. treat this rare issue. The litigation was long in progress, but the legal issues are relatively simple. After the supreme court remand after reversal, orignal court judged that extinctive prescription of the right of a claim for return of installment premium upon nullifying of insurance contract shall run from the each time it becomes possible to exercise. In this case considerable right of the insured was extinct because the extinctive prescription of each claim shall become complete if not exercised for a period of two years after each payment. The writer conclude that the judgment is correct.
참고문헌 (12)
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