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(영문) 서울중앙지방법원 2017.08.29 2017가단5014812
보험금
Text

1. The Defendant shall pay to the Plaintiff KRW 44,156,543 and the interest rate of KRW 15% per annum from April 5, 2017 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On February 2, 2009, the Plaintiff and the Defendant, the insured, Nonparty B (hereinafter “the deceased”), and the beneficiary respectively determined as the Plaintiff and concluded a non-dividend LIG well-being Insurance Contract (hereinafter “instant insurance contract”).

B. On November 17, 2016, at around 10:55, the Deceased died at around 11:27 on the same day on the same day as the date, after the Deceased worked to install a beraisa crym (Aluminum shower) at the fifth floor of the dormitory at the site of the construction site of the construction site of the 1610-1 Incheon Seo-gu Incheon Seo-gu Environment-Friendly surface treatment center.

C. Under the principal contract of the instant insurance contract due to the death of the deceased, the death insurance amount is KRW 50,000,000, the death insurance amount under the general injury death special agreement is KRW 30,000,000, the general injury medical expenses under the general injury medical expenses special agreement is KRW 253,220, the general injury medical expenses under the general injury medical expenses special agreement is KRW 100,000, and the total insurance amount is KRW 80,353,220.

The general terms and conditions of the insurance contract of this case stipulate that the contractor or the insured shall notify the company in writing without delay when the insured changes his occupation or duty, and that if the rate after the change of occupation or duty violates the duty of notification is higher than the rate before the change, the insurer or the insured shall pay the insurance proceeds reduced according to the rate of the premium rate applied before the change of occupation or duty (hereinafter “the contract terms and conditions of this case”). Meanwhile, the contract of this case includes the decedent’s occupation as a material input worker.

E. After the conclusion of the instant insurance contract, the Defendant was not notified of the fact that the deceased’s occupation was changed to the category of work related to the construction (the members of the passenger voting assembly and installation) and thus, should make a proportional compensation in proportion to the ratio of the vocational insurance premium rate before and after the change, on January 16, 2017, on the ground that the Defendant shall make a proportional compensation in proportion to the Plaintiff on January 16, 2017, and January 17, 2017.

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