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(영문) 수원지방법원 2017.12.12 2016가단541679

보험금

Text

1. The Defendant’s KRW 100,000,000 as well as the Plaintiff’s annual rate from September 9, 2016 to December 12, 2017, and the following.

Reasons

. Facts of recognition.

A. On March 30, 2012, the Plaintiff’s father B (hereinafter “the deceased”) entered into a non-dividended network insurance contract (hereinafter “instant insurance contract”) with the Defendant with the following content.

Insurance period: the amount of insurance coverage from March 30, 2012 to March 30, 2057 (the maturity of 100 years of age): 100,000,000 won: Beneficiary of Death: the amount of insurance coverage of 100,000 won under the basic contract of statutory heir (general injury death (the age of 100), (the age of 100), the amount of insurance coverage of 10,000,000 * A contract not attached to the special agreement for injury burden during driving of two-wheeled automobiles

B. On June 26, 2016, at around 13:00, the Deceased died on the same day after collision with the left-hand vehicle (C) while driving a two-wheeled vehicle (C) owned by the Deceased in front of the 661-3 Corporate Bank on the street before the 661-3 Corporate Bank.

(hereinafter “instant insurance accident”). C.

The plaintiff is the only heir of the deceased as a dependent of the deceased.

The Plaintiff filed a claim for the payment of the insurance money under the instant insurance contract after the deceased’s death. However, around September 8, 2016, the Defendant did not notify the Defendant of the fact that the deceased had continuously and repeatedly operated a two-wheeled automobile during the insurance period, and notified the Plaintiff of the termination of the instant insurance contract on the ground that it did not notify the Defendant of the violation of the duty to notify under the Commercial Act and the breach of the duty to notify after the contract under the insurance terms and conditions of the instant insurance contract, and the said notification reached the Plaintiff on September 9,

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 4-7, Eul evidence 1-1, 2-2, the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, since the insured event under the insurance contract of this case occurred due to the death of the deceased, the defendant claims against the plaintiff for the payment of the insurance money of KRW 100,000,000 as stipulated in the insurance contract of this case and the following day after the payment date of the insurance money stipulated in the insurance contract of this case.

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