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(영문) 인천지방법원 부천지원 2018.07.10 2017가단102961

보험금

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On March 30, 2012, C entered into a comprehensive insurance contract with the Defendant through D, an insurance solicitor at the time of the Defendant (hereinafter “instant insurance contract”). The main contents are as follows.

Policyholders: Insured: The insured period: The beneficiary of death insurance from March 30, 2012 to March 30, 2080: the insured amount of injury of statutory heir: 120 million won.

B. The main contents of the instant insurance contract concerning injury, death, and special terms and conditions and general terms and conditions are as follows.

Article 1 (Types and Grounds for Payment of Insurance Money) (1) Where an insured person (person subject to insurance) dies as a result of a direct result of an injury during the insurance period of this Special Terms and Conditions, the following amounts shall be paid as insurance money to the beneficiary (person who receives the insurance money).

Article 6 (Provisions Applicable Mutatis Mutandis) Unless otherwise stipulated in this Special Agreement, the amount of insurance covered by this Special Agreement would be at the risk of complying with the General Terms and Conditions.

[Ordinary Terms and Conditions] Article 5 (Invalidation of Contracts) (Invalidation of Contracts) In any of the following cases, a contract shall be null and void and the insurance premium already paid shall be refunded:

1. Where the consent of the insured in writing is not obtained by the time of conclusion of the contract with the death of another person as payment of insurance money;

C. E (hereinafter “the deceased”) committed death on October 28, 2015 after aiding and abetting the loading of goods at a store operated by F. F. D.

As the inheritor of the deceased, there are plaintiffs A and B, who are their spouse, their children.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 and 2, Eul witness's testimony and the purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is the first place, the Deceased’s written offer of the instant insurance contract, etc.