산출방법서 내용의 약관 편입 여부와 설명의무에 관하여- 만기환급형 즉시연금에 관한 분쟁조정과 관련하여 -

An immediate annuity with refund at maturity is an insurance product that is purchased by a lump sum payment of insurance premium. It provides a regular payment of endowment amount which is generated by operating the fund with the above payment after deducting a business expense and a risk premium. And once the policy matures, the lump-sum amount of the original premium is paid by the insurance company to the policy-holder at once. To pay the same amount of original premium back to the policy holder at the maturity date, it is naturally required to fill in the deficit generated by initially deducting the expected business expenses and insurance premiums. For this, insurance companies reserve a part of the profit from the operation as the maturity refund reserve. This is a common and essential characteristic of this kind of all insurance products. Such additional deduction is stated in the methods of calculating insurance premiums and the liability reserves. The rights and obligations of the insurance contracting party and the aforementioned information in the methods of calculating insurance premiums and the liability reserves are, of course, parts of the insurance policy. The supreme court states that the output equation from the methods of calculating insurance premiums and the liability reserves are not mandatory subjects of explanation. It ishould be interpreted that the additional deduction has been already described to the buyer through examples stated in the insurance policy. If a question of compensation arising out of the infringement of the duty to explain is applied, it should be resolved by reimbursing the difference between the actual amount paid to the policy holder and the amount, calculated with guaranteed minimum interest rate, in an example stated in the insurance policy.