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(영문) 서울중앙지방법원 2019.07.25 2017가단68326

보험금

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. The facts of recognition: (a) Plaintiff A’s spouse, Plaintiff B, and Nonparty deceased on July 5, 2014, who was commissioned as the Defendant’s insurance solicitor (FP) on July 5, 2014; (b) around March 22, 2016; and (c) was dismissed from the Defendant on July 1, 2016.

(2) The defendant shall appoint insurance solicitors as the insured on June 1 each year as part of the measures to support the activities of the defendant insurance solicitors, and the period of guarantee shall be the following year.

5. The defendant's insurance product (hereinafter "the insurance of this case") with a year up to 31.3, has purchased the insurance of this case, and the coverage of the insurance of this case is as follows:

(3) The Deceased was first included in the insured on June 1, 2014, and was included in the insured on June 1, 2015, when the instant insurance was purchased on June 1, 2015, and the Defendant did not include the Deceased in the insured on June 1, 2016 when purchasing the instant insurance policy.

④ Around April 16, 2015, the Defendant paid KRW 10,000 to the Deceased the cancer diagnosis fund of the instant insurance. As to KRW 100 million insurance money upon the death of the instant insurance claimed by the Plaintiff A after the Deceased’s death, the Defendant refused payment on the ground that the Deceased was not the insured of the instant insurance.

In addition to the insurance money paid to the Deceased based on the instant insurance, the Defendant separately paid KRW 4,342,50 by the Defendant’s H insurance directly subscribed to by the Deceased, and KRW 8,202,50 by I life insurance.

[Ground: Facts without dispute, entry of Gap 1 through 4, 6, 7, and 10 evidence, purport of the whole pleadings]

2. The assertion and judgment

A. The plaintiffs are contracts under which the insurance of this case was fully borne by the defendant for the support and welfare of insurance solicitors, and the deceased, the insured, cannot intervene in the extension or renewal of the contract, or the contents of the insurance contract.