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(영문) 서울중앙지방법원 2015.04.01 2014가단5171691
보험에관한 소송
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff asserts that the plaintiff is obligated to pay the insurance proceeds to the plaintiff as the insurance contract because the plaintiff subscribed to the defendant's life insurance with her husband B as the insured, and the accident occurred, such as her husband was used as cerebral blood and her husband was diagnosed with her husband

In this regard, the defendant asserted that the insurance contract of this case was terminated as of June 7, 2013, and thus, the defendant has no obligation to pay the insurance money.

2. Facts of recognition;

A. On June 24, 2008, the Plaintiff subscribed to the Defendant’s non-distribution of dividends and social life insurance, on the part of the insured on June 24, 2008. B was used as an cerebral blood and was under the surgery, and was under the ambacy diagnosis during the hospitalized treatment.

B. On September 2013, the Plaintiff knew of the occurrence of the insured event under the preceding paragraph and claimed insurance proceeds under the contract. The Defendant rejected the payment of the insurance proceeds on June 7, 2013, stating that the instant insurance contract was terminated.

C. From around 2008, the termination of the instant insurance contract was confirmed by C, an insurance solicitor of Hansung Life Insurance Co., Ltd., known the Plaintiff and sold insurance products several times to him, and called to the call center operated by the Defendant on behalf of the Plaintiff upon the Plaintiff’s request. The Defendant’s employee repeatedly confirmed through C the Plaintiff’s name, address, part of the mobile phone number, account transfer bank for payment of insurance premium, refund account account number, etc., and received the application for termination.

On June 7, 2013, the date of termination of the insurance contract, the Defendant deposited KRW 993,339, a refund to the bank account under the Plaintiff’s name, and sent a guide on the termination of the insurance contract through mail. In this regard, there was no objection from the Plaintiff before the occurrence of the insurance accident.

[Ground for Recognition: Facts without dispute, Gap 1, Eul 2 through 6 (including branch numbers), witness C, and the purport of the whole pleadings]

3. Determination

(a) above;

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