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 March 31, 201, the deceased B (hereinafter “the deceased”) entered into an insurance contract with the Defendant with the following content (hereinafter “instant insurance contract”).
Name of insurance products: The term of the Franchising policy for non-distribution families: the payment period from July 1, 201 to ten years: Beneficiary of the death insurance for ten years: C
B. According to the terms and conditions applicable to the instant insurance contract (hereinafter “the terms and conditions of this case”), if the insured dies during the insurance period, the Defendant shall pay 300,000 won, an amount equivalent to 1% of the monthly insurance amount, to the beneficiary of the death insurance (hereinafter “agreement”). Provided, That if the insured dies due to a cause other than disaster before the date of the insurance contract for which two years have elapsed from the date of the insurance contract, 50% of the above monthly benefit was paid to the beneficiary for ten years.
The details of the specific terms and conditions shall be as specified in the insurance benefit payment table in attached Table 1.
In addition, a beneficiary of death benefit can claim the current price of future monthly benefit calculated at the interest rate set by the company instead of monthly benefit at the same time.
C. On March 11, 2013, the Deceased changed the beneficiary of the death benefit from C to the Plaintiff.
On June 30, 2013, the Deceased died on the ground of a multi-pact long-term corrosion due to diversary cancer around 13:50.
E. The Plaintiff claimed insurance money against the Defendant under the instant insurance contract, but only KRW 25,795,107, which is the present value of the monthly benefit of the contract, was paid from the Defendant on the ground that the deceased died before two years have elapsed from the date of the instant insurance contract.
[Grounds for recognition] Each entry (including paper numbers) with Gap evidence Nos. 1-11, and the purport of the whole pleadings.
2. The assertion and judgment
A. The date of concluding the instant insurance contract is July 1, 201. The death date of the Deceased is June 30, 2013. The Defendant is an insurance contract for which two years have passed since the date of the insurance contract.