Text
1. The plaintiff's insurance contract based on the insurance contract as stated in the attached Table 1 list concerning the insurance accident stated in the attached Table 2 list.
Reasons
Basic Facts
A. C (D) borrowed KRW 17,900,000 as a new installment from Hyundai Capital Co., Ltd. (hereinafter “Span Capital”) on January 20, 2014, and on the same day, C (D) entered into an application for a free insurance policy for the exemption from repayment in the new installment and issued it to Hyundai Capital.
B. On January 22, 2014, on the basis of C’s application for the said insurance contract, Hyundai Capital entered into an insurance contract with the Plaintiff and the insurance period from January 22, 2014 to January 22, 2015 (hereinafter “instant insurance contract”) indicated in the attached Table 1, and paid the insurance premium.
C. On May 18, 2014, at around 23:07, C, while under the influence of alcohol, was in the ward E, E, 107 Dong 906, Daejeon-gu, Daejeon-gu, and Defendant B’s entry into the room, and died within the next radius.
(hereinafter “instant insurance accident”). D.
As the heir of the deceased C, the Defendants are children.
E. Of the insurance terms and conditions applicable to the instant insurance contract (hereinafter “instant terms and conditions”), the contents relating to this case are as follows.
Article 5 (Qualifications for Insured (Persons Eligible for Insurance) The Insured (Persons Eligible for Insurance) of this Agreement shall belong to the Insured (Persons Eligible for Insurance) group as provided for in the Business Method of the Insurance and assume the obligations of redemption.
Article 9 (Invalidation of Contract) In any of the following cases, the contract shall be null and void and the insurance premium already paid shall be refunded:
However, if the contract becomes null and void due to the intention or negligence of the company (referring to the plaintiff; hereinafter the same shall apply) and the company fails to refund the premium even if it knew or could have known that it was null and void before the consent, the company shall return the insurance contract loan interest rate for the period from the day following the date of the payment of the premium to the date of the refund.
1..