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(영문) 전주지방법원 2017.03.31 2016가단8550

보험금

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Plaintiff’s assertion

The deceased B (hereinafter “the deceased”) died on January 20, 2015 due to a traffic accident that occurred on August 21, 2014 (hereinafter “the instant accident”). The Plaintiff was a spouse who maintained a de facto marital relationship with the deceased for at least 12 years at the time of the instant accident. As such, the Defendant is liable to pay 30,000,000 won as the insurer of the vehicle causing the instant accident to the Plaintiff.

Judgment

From September 9, 2002 to February 18, 2009, the Deceased resided together with the Plaintiff in the Jeonjin-gu Seoul Housing owned by the Plaintiff.

(A) The Deceased Nos. 3, 4, and 5. However, since February 19, 2009 to March 28, 2012, the Deceased-gu D, 105, and 503, the Deceased-gu, Seoul-si, and the Plaintiff continued to reside in the above house No. 3 until July 1, 2010, and the Plaintiff did not have the same domicile as the Plaintiff and the Deceased-gu, Seoul-si, Seoul-si, from July 2, 2010 to August 17, 2014 until December 30, 2014, from the date immediately following the date to the date of his/her residence in the Jinsan-gu, Seoul-si, and from the date immediately following date to the date of his/her residence in the Jin-gu, Seoul-si, and from the date to the date of his/her death, the Plaintiff and the Deceased did not have the same domicile as the Plaintiff and the deceased from February 1, 2009.

The evidence No. 1-1, No. 2-1, No. 8-1, and No. 9-1 are written statements confirming that the sibling of the deceased and the deceased were de facto marital relations. There is no specific form and specific content, and the witness H has signed without properly verifying the content thereof. Thus, it is difficult to believe the above written statements as it is.

If there was a substance of marital community life between the plaintiff and the deceased at the time of the accident in this case, it appears that there were many situations, such as mutual communication, living expenses, leisure, medical expenses, nursing, consultation with an insurance company, funeral, and disposal of relics, there is no other objective evidence to acknowledge the existence thereof.

Comprehensively taking account of the above circumstances: