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(영문) 울산지방법원 2015.10.21 2014가단31607
보험금
Text

1. The plaintiffs' primary claims are dismissed.

2. The Defendant: (a) KRW 23,142,856 to Plaintiff A and its related costs on September 9, 2015.

Reasons

1. Basic facts

A. The plaintiff A is the wife of D, and the plaintiff B and C are their children.

B. On May 7, 2013, Plaintiff A entered into an insurance contract with the Defendant as the broker of the Defendant’s insurance solicitor E with non-dividend M-Baset1304 (hereinafter “instant insurance contract”). On the same day, Plaintiff A paid the insurance premium to the Defendant, including the payment of insurance premium of KRW 26,320,00,000, around 18:17.

- Insured: D - A beneficiary of death insurance money: Legal heir, beneficiary of death insurance money: D - A 10,000,000 won for general injury, death or injury after death: 10,000 won for disability after death of high-ranking disease: 30,000 won for daily allowances for admission into disease of KRW 90,00: Insurance period: From May 7, 2013 to May 7, 2083 - Monthly insurance premium: 26,320 won for monthly payment (360 installments for the last 30 years).

C. D (hereinafter referred to as the “Death”) was diagnosed of malicious black species on January 20, 2014, and died on June 16, 2014.

[Reasons for Recognition] Unsatisfy, Gap 1-7, 9, 10, Eul 2 (including additional numbers), witness E's testimony, and the purport of the whole pleadings

2. Judgment on the plaintiffs' primary claims

A. The plaintiffs' assertion that the defendant is obligated to pay the plaintiffs the amount equivalent to the plaintiffs' statutory share of inheritance among KRW 90,000,000 of the death insurance amount of disease death under the insurance contract of this case.

B. Article 731(1) of the Commercial Act provides that another person’s written consent shall be obtained at the time of concluding an insurance contract covering the death of the other person as an insured event. The purport of the provision is to eliminate the existence of dispute by clarifying the timing and method of consent. Thus, the consent of the other person who is the insured shall be obtained individually in writing regarding each insurance contract, and it is insufficient to establish a comprehensive, implied, or constructive consent.

According to Article 731 (1) of the Commercial Code, the time when the insured must express his/her consent in writing from another person's life insurance is the time until the conclusion of the insurance contract.

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