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(영문) 부산고등법원 2016.12.29 2016나56267
보험금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. "1. Basic Facts" in the judgment of the first instance by this court which has accepted the judgment of the first instance; and

2. The Parties’ assertion;

3. The reasons for the “determination” are as follows: Nos. 4, 5, and 6 of the first instance judgment.

Therefore, each insurance contract of this case is concluded without the written consent of the deceased, who is the insured, and thus null and void. The plaintiff's assertion is without merit without any need to examine the remaining defenses of the defendant.

“C.”

Therefore, each of the instant insurance contracts is null and void since it was concluded without written consent by the deceased, who is the insured, and thus, the Plaintiff’s claim premised on the validity of the instant insurance contract is without merit.

"Attention, the plaintiff's assertion and the defendant's argument in the trial are identical to the reasons for the judgment of the court of first instance except for adding the following judgments as to the matters alleged in the court of appeal and the defendant's argument.

2. Determination as to the claim for damages

A. Upon entering into each of the instant insurance contracts, B, the Plaintiff’s assertion as the insurance solicitor, was null and void the instant insurance contract with D or B’s signature without the policyholder D, and thereby, the Plaintiff, the beneficiary, suffered losses not receiving the insurance proceeds.

Therefore, the defendant is liable to compensate for damages equivalent to the amount of insurance money that the plaintiff was not paid to the plaintiff.

B. When concluding an insurance contract which covers the death of another person as an insured accident based on the relevant legal doctrine regarding liability 1 for damages based on Article 102(1) of the Insurance Business Act, an insurance solicitor has the duty of care to provide the policyholder with an opportunity to satisfy the requirements by giving the policyholder a specific and detailed explanation of the requirements such as the written consent of the insured, and the insurance solicitor is above.

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