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(영문) 서울중앙지방법원 2018.10.05 2018나23949
보험금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court of the first instance’s explanation concerning the instant case is as follows, and thus, it is consistent with the reasoning of the first instance judgment, except where the instant case is used or added as follows. Thus, this is cited by the main sentence of Article 420 of the Civil Procedure Act

2. The 6th to 10th of the judgment of the court of first instance shall be written by cutting down or adding the 6th to the following.

According to the evidence No. 1 of this case, although the insurance contract of this case was stipulated as the beneficiary of the death insurance money as the legal heir, it is recognized that the beneficiary was changed to the plaintiff on February 5, 2015, the plaintiff is the beneficiary of the insurance contract of this case, and therefore, the plaintiff is the beneficiary of the insurance contract of this case as follows.

Article 102 (1) of the Insurance Business Act provides that "an insurance company shall be liable for any damage inflicted on policyholders by its executives, employees, insurance solicitors or insurance agencies (including insurance solicitors belonging to the insurance agencies)" and the above provision provides that "the insurance company shall be liable for any damage inflicted on policyholders in connection with the soliciting of insurance, and where such damage is caused by the act of an executive officer or employee of the insurance company, the insurer shall be liable for the damage inflicted on policyholders, and where the damage is caused by the act of the insurance solicitor or insurance agency, the insurer shall be liable for the liability corresponding to the strict liability, to protect the interests of policyholders and to promote the sound fostering of the insurance business at the same time (see Supreme Court Decision 2007Da30263, Sept. 6, 2007). The liability under the above provision provides that the insurer shall be liable to policyholders of the insurance company, and the fact that the Plaintiff was merely the beneficiary, as seen earlier, the Plaintiff, who was directly a beneficiary, shall not be liable for the above water under Article 102 (1) of the Insurance Business Act.

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