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(영문) 서울중앙지방법원 2017.09.19 2016가단5227031

보험금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The contractor DDDD beneficiary D (the time of death) on July 10, 2014 from September 22, 2015 to September 22, 2015, the insurance coverage period of the EF No. 1305, Sept. 22, 2015 to July 10, 2014 to July 10, 2034;

A. D Co., Ltd. and Co., Ltd. and Co., Ltd. on July 10, 2014; and Co., Ltd. on September 22, 2015, respectively. The main contents of each insurance contract are as follows:

B. Around 21:50 on January 5, 2016, D, while driving a substitute driving vehicle on the front road located in Gyeyang-gu Seoul Metropolitan City G on the H on the front road, died on January 6, 2016. < Amended by Act No. 13788, Jan. 6, 2016>

(hereinafter referred to as “the deceased”). The plaintiff C is the deceased’s spouse, and the plaintiff A and B are the children of the deceased.

C. The Plaintiffs filed a claim against the Defendant for insurance proceeds based on each of the instant insurance contracts after the Deceased’s death. On April 20, 2016, the Defendant terminated each of the instant insurance contracts based on Articles 651 and 655 of the Commercial Act on the ground that the Deceased violated his/her duty to notify the entire contract (hereinafter “Duty to notify”).

【Ground of recognition】 In the absence of dispute, Gap evidence Nos. 1 and 2-1, 2, Gap evidence Nos. 3-5, Eul evidence Nos. 1, 2, Eul evidence Nos. 4 and 5-3, and the purport of the whole pleadings

2. The assertion and judgment

A. Since the termination of this case's claim by the defendant is effective for the following reasons, in this case's case where the deceased died within the insurance period under each insurance contract of this case, the defendant shall pay the insurance money under each insurance contract of this case to the plaintiffs who are beneficiaries of death insurance money.

① At the time of each of the instant insurance contracts, the Deceased shall work for “I” carrying on wholesale and retail business of heating and cooling machines as a business employee, after completing one day.