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(영문) 서울중앙지방법원 2016.05.25 2015가단5305477
보험금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 5, 2009, the Plaintiff entered into an insurance contract (hereinafter “instant insurance contract”) with the term “non-distribution clause” added between the Plaintiff and the Plaintiff.

The instant insurance contract contains the following contents as a renewed type insurance:

Name of an insurance contract: A non-paid family security franchise insurance policyholder and principal insured: A special agreement for non-dividend fluoral carman on October 5, 2014: 40 million won for cancer diagnosis on October 5, 2014:

B. The Plaintiff had paid the insurance premium from the time of the conclusion of the instant insurance contract, but did not pay the insurance premium from September 2014 to September 1, 2014 (the insurance premium (the insurance premium before its renewal) and the insurance premium after its renewal (the insurance premium was KRW 71,400).

C. Among the terms and conditions of the instant insurance contract (hereinafter “instant terms and conditions”), the main contents pertaining to termination of the contract are as follows.

Article 14 (Peremptory Notice and Termination of Contract for Payment of Insurance Premiums) (1) When any contractor fails to pay the insurance premiums from the second installment to the due date of payment, the period from the day following the date following the due date of payment to the end of the month in which the due date of payment falls shall be the maximum payment period, and the company shall terminate the contract on the day following the date on which the due date of payment expires where the insurance premiums are not paid within the peremptory and demand period as stipulated in paragraph (3).

The Company shall pay the agreed insurance money in respect of any accident that occurs within the period of demand for payment.

(2) Notwithstanding the provisions of paragraph (1), where a contractor fails to pay an insurance premium due to any cause attributable to a company, such as failure to pay a subscription fee, failure to pay a subscription fee, failure to file an application for automatic transfer, etc., the provisions of paragraph (1) shall apply to the period of peremptory notice to the date on which three months elapse from the due date of payment.

except that the company shall have to receive or transfer the insurance premium again.

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