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(영문) 서울중앙지방법원 2017.11.09 2017가단5091482

보험금

Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in addition to the entries in Gap evidence 1 to 5 and 8, and the whole purport of the pleadings:

The Plaintiffs are parents of Nonparty C, and the Defendant is an insurance company that entered into a contract with C on November 14, 2014 (hereinafter “instant insurance contract”).

B. On June 26, 2016, C: (a) was found to be dead at the place of residence (hereinafter “the deceased”); and (b) as to the private person, C’s autopsy of the Seoul Act submitted to the Council of the Council of the Council of the Seoul Act that “it is presumed to be a kind of cardio-cerebrovascular who is a cardio-cerebrovascular disease or cerebrovascular disease, but it is apparent that the deceased is unknown; and (c) the National Research and Investigation Institute of Science prepared an appraisal of the deceased that “it is possible to dismiss an acute funeral.”

C. The Plaintiffs claimed insurance money to the Defendant as a beneficiary (the statutory heir at the time of death, who is the deceased) stipulated in the instant insurance contract. However, around March 15, 2017, the Defendant rejected payment of the insurance money on the ground that the deceased, prior to the purchase of the insurance, received hospitalized treatment due to early interest, ex post facto, ex post facto, brising, etc., and notified the termination of the instant insurance contract.

2. The parties' assertion and judgment

A. 1) The deceased’s private life is unknown, and even if the deceased received treatment with early interest rate, it is not shaken to the death caused by the disease, and even if the above disease was not notified at the time of conclusion of the insurance contract, it cannot be the subject of rejection of the payment of insurance money. Therefore, the Defendant is obliged to pay the Plaintiffs the money claimed as insurance money under the instant insurance contract. (2) On July 1, 2012, the deceased was transferred to the emergency room of the Incheon National University Hospital at Macheon-do University University on the ground of the “Semangic Proof Prize.”