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(영문) 광주지방법원 2015.06.17 2014가단503573

보험금

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1. The plaintiffs' claims against the defendant are all dismissed.

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

Reasons

1. Determination as to the cause of the claim: (a) on January 31, 2013, the Plaintiff entered into an insurance contract with the Defendant and the Insured as the legal inheritor E; (b) on the above insurance contract, the insured’s death includes the content that KRW 100 million should be paid in the event of the insured; and (c) on February 18, 2013, while driving a motorcycle on or around February 18, 2013, the insurance period of the above insurance contract, E suffered injury, such as around the 3-4 vertebrate escape, etc. on the ground not attributable to the cause, on the front side of the reservoir in the front side of the Dobong-gun-gun, Goungnam-gun, Gonam-gun, Seoul, and the Plaintiff’s spouse, B, and CD, and the Plaintiffs’ children, who were children, were the Defendant on March 12, 2013.

The fact that a claim for insurance proceeds is not disputed between the parties, or is recognized by the purport of Gap evidence No. 3, No. 4, and No. 3 and all pleadings, as a whole, by giving notice of the death of an accident.

According to the above facts of recognition, the defendant is obligated to pay the insurance money and damages for delay caused by the death of E as the heir of the insured E, unless there is a special reason to the contrary.

2. Judgment on the defendant's defense

A. The defendant asserts that the defendant does not have any obligation to pay the insurance money to the plaintiff, since the termination of the above insurance contract was notified and the above insurance contract was terminated on the ground that the plaintiff A violated Article 651 of the Commercial Act and Article 27 of the above insurance contract

The plaintiff A driven a motorcycle from the time of the conclusion of the above insurance contract, and the plaintiff A has the meaning of "the type and purpose of the motor vehicle if he/she drives the motor bicycle" in Article 9 (9) of "the obligation to notify the contract before entering into the above insurance contract."

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