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(영문) 서울중앙지방법원 2017.05.17 2016가단5099267
보험금
Text

1. The Defendant: (a) KRW 12,345,679 for each of the Plaintiff A and the Plaintiff B and C, respectively, and (b) from May 14, 2016 to May 2017.

Reasons

1. Basic facts

A. On January 18, 2014, the deceased D (hereinafter “the deceased”) entered into an insurance contract with the Defendant as follows (hereinafter “the instant insurance contract”). At the time of entering into the said insurance contract, the Defendant notified the occupation to the full-time supervisor at the time of entering into the said contract:

Insurance name: The insurance policy holder and the insured on January 18, 2014: from January 18, 2014 to January 18, 2068: the occupation of the deceased: the beneficiary of the death benefit of the deceased on January 18, 201: the content of the insured’s legal heir’s guarantee (the maturity of 100 years of age): Injury (the maturity of 100 years of age): 100,000,000 won;

B. From around 21:50 on December 25, 2015, the Deceased died of an anti-cerebral brain damage on December 26, 2015, around 00:24, at the warehouse adjacent to the deceased’s residence, by using a scarp washing washing machine installed in the place of his business for the remaining goods, during the process of performing the removal of scarbbling dust and foreign substances, and the deceased was scarp, which was scarped by the deceased, was scarp in the said machine’s inner brush roll, with the inside of the machine as soon as possible after putting it into the machine.

(hereinafter referred to as “instant accident”). C.

At the time of the death of the deceased, there was Plaintiff B and C, the husband of the deceased, who is the father of the deceased.

On March 7, 2016, the Defendant notified the Plaintiff of the content-certified mail to the effect that “The Plaintiff shall terminate the instant insurance contract on the ground of the breach of its duty to notify prior to the signing of the contract stipulated in Article 651 of the Commercial Act and the terms and conditions of the instant insurance contract, given that the deceased notified the Plaintiff of his occupation as the main agent at the time of entering into the instant insurance contract, but had been engaged in simple-feas

E. The terms and conditions applicable to the instant insurance contract (hereinafter “instant terms and conditions”) are as follows.

Article 26 (Obligation to Notify Prior to Contract) Any contractor or any insured person (person subject to insurance) shall make an offer at the time of subscription (in the case of a diagnosis contract, referring to the health certificate).

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