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(영문) 서울중앙지방법원 2015.12.11 2015가합7546

보험계약 유효확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 14, 2005, the Plaintiff, the Plaintiff, the Plaintiff, the beneficiary at the time of hospitalization, the Plaintiff, and the beneficiary legal heir at the time of death, entered into a contract II of the Love Design Insurance (hereinafter “No. 1 Insurance”) with the Defendant, and the Plaintiff on March 17, 2005, the Plaintiff, the beneficiary at the time of hospitalization, and the beneficiary legal heir at the time of death, respectively, and entered into a contract II of the Love Design Insurance (hereinafter “No. 2 Insurance”). < Amended by Act No. 7558, Mar. 17, 2005; Act No. 7554, Mar. 17, 2005; Act No. 4200, Mar. 32, 2000; Act No. 32, hereinafter “No. 2 Insurance”) with the beneficiary legal heir at the time of death.

B. Of the terms and conditions of each of the instant insurance contracts, the parts relating to the instant case are as follows.

Article 7 (Voluntary Termination of a Contract) A contractor may terminate a contract at any time before the contract is terminated, and in such cases, the Company shall pay a refund for cancellation under Article 21 (Refund for Termination)(1) to the contractor.

Article 13 [Peremptory Notice of Payment and Termination of Contract in Arrears of Payment of Premiums] (1) When a contractor fails to pay premiums after the second or subsequent payment date by the due date, the period from the day following the due date to the end of the month in which the due date falls, shall be the maximum period for payment, and the company shall cancel the insurance contract on the day following the expiration of the maximum period for payment, as stipulated in paragraph (3).

(3) In cases where premiums have not been paid by the due date for the second or subsequent payment of premiums, and where premiums have not been paid by the date on which the maximum period for payment expires, a company shall make in writing or by 15 days before the expiration of the contract as the contract is terminated, from the date following the expiration of the maximum period for payment, to a policyholder (including a beneficiary specified in cases of insurance for others).