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(영문) 서울남부지방법원 2020.08.13 2019가단252008
보험금
Text

1. The Defendant’s KRW 150,000,000 as well as 5% per annum from August 14, 2018 to August 13, 2020 to the Plaintiff.

Reasons

1. Judgment on the plaintiff's claim

A. On April 9, 2015, the Plaintiff entered into a DNA contract with the Defendant (hereinafter “instant insurance contract”) with the Plaintiff’s spouse setting the Plaintiff’s spouse C, beneficiary, and insurance period as of April 9, 2068 by April 9, 2068.

Article 1 of the Terms and Conditions for the Death of the instant Insurance Contract (Renewal of the instant Insurance Contract) provides that where the insured dies as a result of a direct result of a disease determined by the diagnosis during the insurance period, the insured amount of KRW 150,000,000 shall be paid to the beneficiary as the death insurance amount. 2) C around May 9, 2017, around 20:0, the insured died as a direct death at the F Hospital located in Guro-gu Seoul Metropolitan Government E-si as a beneficiary of the death insurance amount.

(3) Article 26(1) of the General Terms and Conditions of the instant insurance contract provides that “If the cause for the payment of insurance proceeds prescribed in this Agreement is no longer possible due to the death of the insured, this contract shall be effective from that time.” Article 32(1) provides that the contractor shall pay the insurance proceeds agreed upon the cause for the payment of insurance proceeds incurred before the termination even when the contract is terminated because the contractor did not pay the insurance premiums after the death of the deceased until the due date. As such, the Plaintiff filed an application for cancellation on the ground that the Plaintiff did not pay the insurance premiums after the death of the deceased, and the Defendant appears to be terminated pursuant to Article 32(1) of the General Terms and Conditions of the instant insurance contract on August 23, 2017 upon acceptance of the said application.

(4) On August 8, 2018, the Plaintiff demanded the Defendant to pay KRW 150,00,000 of the insurance money under Article 1 of the instant Special Terms and Conditions for the Death of the Insurance Contract (Renewal). Article 7(1) of the said General Terms and Conditions provides that the Plaintiff shall pay the insurance money for physical damage within three business days from the date of receipt of the documents pertaining to the claim for insurance money.

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