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(영문) 서울중앙지방법원 2015.05.12 2014가합32453

보험금

Text

1. The defendant's 24,513,368 won and each of them to the plaintiff A, 36,770,052 won, plaintiff B, plaintiff C, and plaintiff D respectively.

Reasons

1. Basic facts

A. On December 2, 2013, the network E entered into a comprehensive automobile insurance contract with the Defendant with respect to the insurance period for the passenger car owned by the network E (hereinafter “insured car”) from December 2, 2013 to December 2, 2014, with the effect that the insurance period is determined as from December 2, 2013 to December 2, 2014. In the event the insured is dead or injured due to a motor vehicle accident that occurred during the said insurance period, the respective insurance amount is to be paid KRW 100 million (hereinafter “instant insurance contract”).

B. At around 08:40 on December 5, 2013, the network E driven an insurable vehicle on the private intersection in the south of South, South, South, South, and North, the H vehicle driven by the G operating of the national highway directly from the west to the west side of the national highway by driving the private intersection in the direction from the west to the side of the national highway in order to go to the inside and outside of the port from the west through the private intersection village road.

The deceased E received treatment in the middle-patient's room, and died on March 26, 2014.

C. The Plaintiff A’s wife, Plaintiff B, C, and D are children of the network E.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 10 (including each number), the purport of the whole pleadings

2. Defendant's liability to pay insurance proceeds

A. The plaintiffs asserted that, since I, on behalf of the defendant, agreed to pay the automobile insurance fees on behalf of the defendant, the defendant is obligated to pay the insurance proceeds of the accident of this case. On the other hand, the defendant asserts that the deceased E did not pay the insurance premiums under the insurance contract of this case, and that I did not agree to pay the insurance proceeds on behalf of the defendant, and that the defendant did not have the obligation to pay the insurance proceeds.

B. Article 656 of the Commercial Code provides that the insurer’s liability commences from the time when the first premium was paid unless otherwise agreed by the parties, and that an insurance agency is authorized to receive the premium on behalf of the insurance company.

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