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(영문) 광주지방법원 2015.07.22 2015가단500267
채무부존재확인
Text

1. The insurance contract is based on each insurance contract described in paragraph 2 of the attached list with respect to the insurance accident described in paragraph 1 of the attached list.

Reasons

1. Facts constituting the premise for judgment (the fact that there has been no dispute);

A. B around October 2012, between the Plaintiff and the Plaintiff, around October 10, 2012, concluded an insurance contract listed in Section 2(a) of the attached Table No. 2, which covers the death of C as an insured event (hereinafter “instant 1 insurance contract”) (hereinafter “instant 2 insurance contract”) and the insurance contract listed in Section 2(b) (hereinafter “instant 1 and 2,” and collectively “instant 1 and 2 insurance contract”).

B. C died on August 21, 2014, which was within the insurance period.

C. Accordingly, the Defendant, as a legal heir of C, claimed the payment of the death benefit to the Plaintiff as a beneficiary.

2. The parties' assertion

A. The insured’s written consent should be obtained at the time of entering into a contract with the Plaintiff’s death as an insured event. The instant insurance contract is an insurance accident against C’s death, and is null and void since C’s written consent was not obtained until the contract is concluded.

B. Defendant C (the policyholder was at the same time an insurance solicitor belonging to the Plaintiff Insurance Company) agreed in writing on the death insurance contract similar to the instant 1 insurance contract, but subsequently agreed to modify B to the instant 1 insurance contract, and signed on behalf of Defendant C on the subscription form of the instant 1 insurance contract.

In addition, C consented to the above insurance contract to B at the time of the conclusion of the second insurance contract, but as B presents an application form for another insurance contract by mistake, C made a false signature with the knowledge that the application form was an application form for the second insurance contract of this case. After discovering B, B signed the application form for the second insurance contract of this case on behalf of C.

Therefore, the insurance contract of this case should be deemed to have obtained the written consent of C, the insured.

3. Insurance contracts of which judgment is made against the death of another person as an insured event.

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