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(영문) 광주지방법원해남지원 2013.08.13 2012가단1105

보험금

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. (1) The F entered into an insurance contract (hereinafter “the instant insurance contract”) with the network G (hereinafter “the network”). On December 29, 2009, H, a F’s wife, concluded, on behalf of the F, the insurance agency of the Defendant, through I, an insurance solicitor affiliated with the Defendant (hereinafter “instant insurance contract”) an insurance contract with the following content (hereinafter “instant insurance contract”).

The name of the insurance company: The F insurance period: the insured from December 29, 2009 to December 29, 2050: K (K is the deceased's interest): The beneficiary of statutory heir's maturity: F. (2) According to the insurance contract in this case, if the insured dies due to an injury during the insurance period, due to the basic contract and the additional security contract for disability after death in general injury, the defendant is obliged to pay 100 million won to the legal heir.

(3) At the time of the conclusion of the instant insurance contract, the contractor’s signature in the insurance subscription form was written by H in all the signature column of the insured, and the Defendant did not obtain a written consent from the deceased in a separate document.

B. At around 19:45 on February 9, 201, G was found to have been addicted to carbon oxide and died (hereinafter “instant insurance accident”) among the potential victims, while they were locked with heating from the inside bank located in the area of the area of the Namnam Navy L, Nam-gun.

C. Plaintiff A is the deceased’s wife, and the rest of the Plaintiffs are legal successors as the deceased’s children.

The Plaintiffs filed a claim with the Defendant for the payment of insurance money on the ground that the insured event under the instant insurance contract occurred, but the Defendant rejected the payment of insurance money on the ground that the instant insurance contract was concluded without the written consent of the Deceased.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 4 through 9 (including each number; hereinafter the same shall apply), Eul evidence Nos. 1 through 3, and the purport of the whole pleadings.