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(영문) 서울서부지방법원 2019.07.26 2018나42372
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. Basic facts

A. On November 11, 1997, the Plaintiff entered into a D insurance contract (the number E; hereinafter “instant insurance contract”) with the contractor and the beneficiary as the Plaintiff, and with C as the spouse at the time of the beneficiary of the mutual aid (the time of death, death, hospitalization/ disability) as the Plaintiff and the beneficiary of the mutual aid (the time of death, death) as the Plaintiff.

Insurance premiums: Amount of insurance premiums of 33,600 won: the period of deduction of 10,000,000 won: the due date until November 10, 2017: November 11, 2017;

The main contents of the instant insurance contract are as follows.

Article 3 (Termination of Contract) The contract shall be terminated without any longer effective if any of the following events occurs:

1. Article 6 (Designation and Change of Beneficiary of Mutual Aid) (1) The contractor may designate or change the Beneficiary of Mutual Aid with the consent of the Insured before the cause for the payment of Mutual Aid occurs.

In such cases, the designation or modification may not be asserted against the Lowest B unless it is notified in writing to that effect.

(2) If the contractor has caused the cause for the payment of mutual aid money as provided in Article 11 before designating the receiver of mutual aid money, the beneficiary shall be the beneficiary of mutual aid money.

However, in the event that no heir exists, the mutual aid contractor shall be the beneficiary of the mutual aid.

Article 11 (Payment of Mutual Aid Fund and Exemption from Payment of Mutual Aid Fund) (1) Low-income B shall pay the Mutual Aid Fund prescribed in each of the following subparagraphs to the beneficiary when the beneficiary falls under any of the following subparagraphs within the period of mutual Aid:

6. If the period of mutual aid expires: The full amount of the mutual aid premium paid based on the monthly mutual aid premium.

C. After that, on November 25, 1998, the Plaintiff was married with C on November 25, 199.

On November 20, 2017, the Plaintiff claimed from the Defendant for the amount of KRW 4,032,00 from the maturity date of the instant insurance contract (C).

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