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(영문) 서울고등법원 2014.10.17 2013나2026362
보험금
Text

1. The judgment of the first instance will be modified as follows, upon a claim for counterclaim changed at the trial of the first instance:

Attached Form

List 1.A

Reasons

1. Basic facts common to the principal lawsuit and counterclaim;

A. On July 14, 201, Defendant B entered into the instant insurance contract with the Plaintiff via E, an insurance solicitor of the Plaintiff, and entered into an insurance contract in the attached Table 2 (hereinafter “instant insurance contract”) with the insured as the network A (referring to the husband of Defendant B, who died on January 17, 2013, after the filing of the instant principal lawsuit, and the father of Defendant C and D; hereinafter “the network”). The insurance period from July 14, 201 to July 14, 2058, with the insurance premium as KRW 14,00,00 each month, with the insurance premium as KRW 14,00,00 each month from July 14, 201 to July 14, 2058.

B. On September 3, 2012, the Deceased of an insurance accident was diagnosed as a liver cell cancer at the Macheon-do University Hospital, and thereafter was hospitalized at the said hospital, the Deceased died on January 17, 2013 as indicated in the attached Table 1.

C. On September 27, 2012, the Deceased and Defendant B claimed insurance proceeds from the diagnosis of inter-cell cancer on September 3, 2012 based on the instant insurance contract. However, on October 30, 2012, the Plaintiff did not express his/her intent to terminate the instant insurance contract and pay the insurance proceeds.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 9, 10 (including branch numbers, if any) and Eul evidence Nos. 1, 2, 3, 8, 14 and the purport of the whole pleadings

2. The Plaintiff’s existence of the insurance claim is the principal claim, and the instant insurance contract is “insurance contract which covers the death of another person as an insured accident” as stipulated in Article 731(1) of the Commercial Act, and is null and void since it does not obtain the written consent of the deceased, the insured, and thus, there

On the other hand, the Defendants are the primary counterclaim and pay the insurance money based on the premise that the instant insurance contract is valid.

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