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(영문) 서울남부지방법원 2016.05.13 2015가단6863

보험금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 25, 2012, the Plaintiff concluded an insurance contract with the Defendant via Nonparty B, via Nonparty B, for the extended period of (free) No. 1,000,000 as indicated below (hereinafter “instant insurance contract”) (hereinafter “instant insurance contract”).

- 피보험자 : C - 보험기간 : 2012. 5. 25. ~ 2044. 5. 25. - 보험료 및 납입기간 : 111,000원, 15년(180회 월납) - 보험수익자 : 만기, 입원ㆍ장애, 사망1 모두 원고 - 주된 보장내용 ◇ 사망보험금 : 피보험자가 보험기간 중 사망시 2,500만 원 ◇ 만기축하금 : 피보험자가 보험기간 만료시까지 생존시 이미 납입한 주계약 보험료 전액

B. C is standing in “D” as a shelter for the homeless.

On October 19, 2012, symptoms, such as pleitic chestin, have occurred, and after being hospitalized in the emergency room of Seoul Boan Hospital, the treatment and treatment was taken such as raising a large number of right-hand ples, etc., but the condition has deteriorated, such as institutional bronpoponia, candal bides, and cides, etc., led to intensive treatment in the middle patient room. On December 14, 2012, E hospital was transferred to the hospital and received hospitalized treatment until February 12, 2013. On June 25, 2013, C’s resident registration was cancelled on the ground of the above death.

[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence Nos. 1, 2, 3, Eul evidence No. 13-4, the purport of the whole pleadings

2. Determination:

A. The plaintiff alleged by the parties that the insured C died. Thus, the defendant asserts that the beneficiary is liable to pay the death insurance amount of KRW 25 million and its delay damages to the plaintiff who is the beneficiary under the insurance contract of this case.

The defendant violated the duty to notify prior to the contract at the time of subscription for the insurance contract of this case, such as hiding C's medical history, and on that ground, the defendant terminated the insurance contract of this case, thus there is no obligation to pay insurance money, and the plaintiff is selected to do so.