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(영문) 서울중앙지방법원 2018.10.11 2017가단5042435

보험금

Text

1. The Defendant shall pay the Plaintiff KRW 100,000,000 and the interest rate of KRW 15% per annum from June 9, 2017 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On December 26, 2014, B entered into an insurance contract with the Defendant with the following content (hereinafter “instant insurance contract”). At the time, the beneficiary of the death insurance was designated as “legal heir” in B.

On December 26, 2014, insurance period from December 26, 2014 to December 26, 2068, insurance period of December 26, 2014, the contractor B insured beneficiary B, beneficiary B, beneficiary of death insurance, beneficiary’s legal heir, beneficiary’s death insurance, death insurance amount of KRW 100,000,000/injury death insurance amount of KRW 200,000,000,000.

B. After January 21, 2015, B received a written claim for the change of the beneficiary of the insurance contract to change the beneficiary of the instant insurance contract into the Plaintiff, and the Defendant accordingly changed the beneficiary to the Plaintiff.

C. B died on October 11, 2016, and a written diagnosis of death issued by C Hospital D’s doctor is as follows, and the type of death is written as “sicker”.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2, Eul evidence No. 1-1 and Eul evidence No. 2 (In full view of the purport of the whole arguments as a result of the appraiser E's written appraisal, the signature of the deceased mentioned in the written claim for the approval of change of beneficiary of insurance money is judged as the completion of the deceased's opinion), and

2. According to the above facts of determination, the Defendant, as the insurer of the instant insurance contract, is obligated to pay the Plaintiff, who was designated as the beneficiary of the deceased’s death benefit, KRW 100,000,000 as insurance money due to the death of the deceased, and damages for delay calculated at the rate of 15% per annum from June 9, 2017 to the day of full payment, as the Plaintiff seeks.

3. The plaintiff's claim is accepted on the ground of the reasoning.