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(영문) 창원지방법원마산지원 2017.06.14 2016가단100549

보험금

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On December 3, 2012, between the Defendant and Nonparty B, the beneficiary of the insurance at the time of death, and the Plaintiff from December 3, 2012 to December 3, 2055, the insured period from December 3, 2012 to December 3, 2055, and where the insured died during the insurance period due to a disaster other than leisure-related accidents, the Plaintiff entered into a contract with the Defendant for “non-paid new accident insurance” fixing the insurance amount as KRW 100 million. On December 7, 2012, between the Defendant and the insured, the Plaintiff and the beneficiary at the time of death, the Plaintiff from December 7, 2012 to December 7, 2055, and the insured period from December 5, 200 million to December 7, 2055.

(hereinafter “each of the instant insurance contracts”). (b)

B around August 30, 2013, around 01:38, he voluntarily returned from the Masan-dong, Changwon-si, Changwon-si to the sea, and died around that time.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 7, 11, 15 (including paper numbers), Eul evidence Nos. 1, 3 and 5 (including paper numbers) and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. As to the Plaintiff’s claim against the Defendant for payment of KRW 100,000,000,000,000 of the death insurance money under the New Telecommunication Accident Insurance Contract that was distributed to the Defendant due to the instant accident and the death insurance money under the New Telecommunication Accident Insurance Contract that was distributed to the Defendant, the Defendant asserts to the effect that the Plaintiff’s claim for insurance money against the Defendant was unlawful, since the Plaintiff had already waived the right to claim against the Defendant and did not file a lawsuit any longer.

B. (1) The Plaintiff concluded each of the instant insurance contracts in accordance with the solicitation of Nonparty C, who works as an insurance solicitor of the Defendant Company, as his parent.

The General Terms and Conditions of each of the instant insurance contracts (Article 24(1) of the Unpaid Personal Insurance Act, and Article 28(1) of the Unpaid Personal Insurance Act), "The Insured (Subject of Insurance) intentionally damages himself.