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(영문) 대구지방법원 2020.10.14 2018나321819
보험금
Text

The judgment of the first instance court is modified as follows. A.

The defendant shall pay to the plaintiffs KRW 75,000,000 for each of them as well as on January 2017.

Reasons

1. The reasons why this court shall state this part of the basic facts are the same as the corresponding part of the judgment of the court of first instance, except for adding “this case’s standardized contract clause” (hereinafter “this case’s standardized contract clause”) following the third 7th tier of the judgment of the court of first instance. As such, it is acceptable in accordance with the main sentence of Article 4

2. The parties' assertion

A. Plaintiff 1) The Defendant is obligated to pay the Plaintiffs KRW 150,000,000,000,000 for the death benefit due to the death of the deceased according to their respective shares in inheritance by the Plaintiffs. The Deceased does not continuously use the instant Otoba, and thus, the Deceased did not have a duty of disclosure after the contract was entered into with the Defendant. In addition, Articles 15 and 16 (hereinafter “the terms and conditions of the instant insurance contract”) of the instant insurance contract refers to the terms and conditions of the instant contract.

(2) The insurance contract of this case constitutes a transit contract in violation of Article 97 (1) 8 of the Insurance Business Act, and constitutes a transit contract in violation of Article 97 (1) 5 of the Insurance Business Act, which unfairly terminates three insurance contracts with the deceased L Co., Ltd. (hereinafter “L”), and constitutes an invalid insurance contract in violation of Article 97 (1) 5 of the Insurance Business Act, where the defendant’s insurance solicitor entered into a new insurance contract with the deceased’s signature of the deceased, and thus, the defendant is liable to pay damages equivalent to the insurance proceeds to the plaintiffs, who are the insurer, in accordance with Article 102 (1) of the Insurance Business Act and Article 756 (1) of the Civil Act.

B. The Defendant Deceased had continuously purchased and used the Oral Ba in the instant case.

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