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(영문) 인천지방법원부천지원 2019.07.10 2018가합101801
보험금
Text

1. As to the accident described in the separate sheet No. 1, the Plaintiff (Counterclaim Defendant) based on the insurance contract listed in the separate sheet No. 2.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. D’s assistant E, the Plaintiff’s employee, expressed his intent to subscribe to the three insurance contracts with the following contents three times, on the introduction of the Plaintiff’s insurance solicitor F.

(Attachment 2 List of Insurance Contracts is "Article 2 Insurance Contract"). (b)

E paid the premium under each insurance contract to the Plaintiff from the date of subscription for each insurance contract.

C. On July 16, 2017, D died as an accident listed in attached Table 1 (hereinafter “instant insurance accident”) (hereinafter “D”), and the Defendants are legal successors of the Deceased.

The name G (1) H (2) H (3) Securities Insurance Contract (2) H (3) Securities Number G (3) Ha (3) Insurance Contract on July 23, 2009 on July 23, 2014 on July 12, 2015, the insurance period of July 23, 2009 to July 23, 2009 or July 23, 2014 from July 18, 2014 to July 18, 2014 to July 12, 2093 to June 12, 2015 to June 12, 2013 to June 12, 2093 to the contractor ED E E-, the insured aged between 70,000 and 76,000,000,000,000 won and 1.1.20,000 won (hereinafter the same shall apply) of the General Clause, 3.

2. As to the second insurance contract

A. The parties’ assertion that the second insurance contract is null and void. Thus, the Defendants are not obligated to pay the insurance money under the second insurance contract. The Defendants are claiming for the payment of the insurance money under the second insurance contract to the Plaintiff.

B. Article 731(1) of the Commercial Act of the first-related legal principle on the validity of the second insurance contract is a mandatory provision prepared to eliminate the risk of gambling insurance, the risk of killing the insured, and the risk of infringement on good morals in the insurance contract which covers the death of another person as an insured event, and the third party's consent is obtained.

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