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(영문) 인천지방법원부천지원 2015.05.06 2014가단40604

보험금

Text

1. The Defendant’s payment of KRW 20,607,720 to Plaintiff A, KRW 13,738,480 to Plaintiff B, and each of the above amounts from January 25, 2013.

Reasons

1. Basic facts

A. C signed the instant insurance contract with the Defendant on October 27, 2011 (hereinafter “instant insurance contract”). The main content of the insurance contract is as follows.

Insurance types: Insurance premium and payment period from October 27, 201 to October 27, 2070: D beneficiary: D’s legal heir (Death Insurance Money) and D(Life Insurance Money): Death of the disease covered by D (Death Insurance Money): 20,000,000 (Death Insurance Money): 10,000 won for a new comprehensive hospital hospital: 50,000 won for a new hospital hospital: the maximum amount of KRW 50,000 for a new hospital. < Amended by Act No. 11337, Oct. 27, 2011; Act No. 17066, Feb. 1, 2000; Act No. 6323, Feb. 1, 2000>

B. C is the leakage of D, the plaintiff A is the spouse of D, and the plaintiff B is the father of D.

C. On January 21, 2013, D sent back to a medical institution at a food care low-level, and was hospitalized under the diagnosis of “brewing and pre-transport beer,” and received an emergency care, such as cryping and cryping, and died of a pulmonary flaposis due to cerebrovascular surgery on January 24, 2013.

(hereinafter referred to as “D”) D.

According to the death of the deceased, the plaintiff A inherited the deceased at the ratio of 3/5, and 2/5.

[Ground of recognition] Unsatisfy, Gap 1-7, 11, 12 (including paper numbers), Eul 1, the purport of the whole pleadings

2. The parties' assertion

A. The defendant claiming the plaintiffs is obligated to pay insurance money to the plaintiffs regarding the diagnosis, death, and hospitalized treatment expenses of the deceased, who is the insured, in accordance with the insurance contract of this case.

B. C and the Deceased, the policyholder of the Defendant, violated the duty of disclosure by failing to inform the Defendant of the details of diagnosis and treatment of the Deceased’s disease (high blood pressure, urology, and urine disease) at the time of conclusion of the insurance contract. Accordingly, the Defendant terminated the insurance contract of this case. Accordingly, the Defendant did not have the obligation to pay the insurance proceeds

3. Determination

A. Death of an insured incident guaranteed under the insurance contract of this case where the deceased’s disease diagnosis, death, and hospitalized treatment occurred.