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1. The Defendant: (a) KRW 200 million to the Plaintiff; (b) KRW 5% per annum from January 19, 2015 to February 5, 2016; and (c) from the following day.
Reasons
1. Basic facts
A. On October 16, 2013, the deceased C (hereinafter “the deceased”) entered into an insurance contract with the Defendant on the condition that the Defendant should pay KRW 200 million to the Plaintiff when the deceased died of disease during the insurance period (hereinafter “instant insurance contract”).
B. At around 12:00 on December 31, 2013, the Deceased died from a parous shock shock from waste tuberculosis at the medical center of Incheon Metropolitan City located in 217, Dong-gu, Incheon, Dong-gu, Incheon.
C. The Plaintiff filed a claim with the Defendant for payment of KRW 200,000,000,000,000 under the instant insurance contract.
[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 3, 11 to 14, witness D, and Eul's testimony and the purport of the whole pleadings
2. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at each rate of 5% per annum as stipulated in the Civil Act from January 19, 2015, which is the date of this decision, to February 5, 2016, which is the date of this decision, to the date of full payment, that is, the existence and scope of the Defendant’s obligation to pay to the Plaintiff damages for delay calculated at each rate of 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day until the date of full payment.
The Plaintiff claimed for the payment of damages for delay from December 31, 2013, which is the death date of the Deceased.
However, according to Article 658 of the Commercial Code, if there is an agreed period for the payment of insurance money, the insured amount to be paid without delay after being notified of the occurrence of the insurance accident by the policyholder, the insured or the beneficiary, and the insured or the beneficiary within 10 days from the agreed period for the payment of insurance money.