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(영문) 수원지방법원 2015.01.08 2014가단6752
보험금
Text

1. The Defendant: (a) KRW 100,000,000 for the Plaintiff and 5% per annum from February 14, 2014 to January 8, 2015.

Reasons

1. The parties' assertion that the plaintiff, working as an insurance solicitor of the defendant company, entered into an insurance contract covering the death of his children as an insured accident, and his children died, therefore, the defendant is liable to pay the agreed insurance money to the plaintiff.

In this regard, the defendant company asserts that the insurance contract which covers the death of another person as an insured accident requires the written consent of the other person, but this case's insurance contract is null and void without the written consent of the plaintiff.

2. Facts of recognition and judgment

A. (1) Around February 25, 2013, the Plaintiff, who served as an insurance solicitor of the Defendant Company, was a policyholder on its own and as an insured accident, and the Plaintiff’s death between the Defendant Company and the Plaintiff (the Plaintiff’s birth in 1987). However, the insurance period was from February 25, 2013 to February 25, 2087; the beneficiary of the death insurance was a legal heir, and the beneficiary of the death insurance premium was 100 million won at the time of death.

(hereinafter “this insurance contract”). After the above insurance contract, the Plaintiff paid monthly insurance premium to the Defendant Company.

(2) However, in around October 30, 2013, B, who had been in a usual connection, died of at least the heart of Apops.

(3) The deceased B’s heir has the father C and the mother Plaintiff. C renounced the claim for the payment of insurance proceeds of this case and delegated the Plaintiff’s authority.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 6 and Eul evidence Nos. 1, 2, and 3, the purport of the whole pleadings

B. According to the above fact of recognition, the occurrence of the insurance accident under the insurance contract was caused due to the death of the deceased B, and the Plaintiff is its holder of the insurance claim. As such, the Defendant Company is liable to pay the Plaintiff the agreed insurance money, 10 million won, and delay damages.

In this regard, the defendant company signed the insurance subscription form, etc. of the insured B on behalf of the plaintiff at the time of this case.

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