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(영문) 대구지방법원 2015.05.21 2014나303035
보험금
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 24,697,126 as well as to the plaintiff on September 2012.

Reasons

1. Facts of recognition;

A. On December 12, 2006, the Plaintiff entered into an insurance contract between the Defendant and the Plaintiff as the principal insured, the insured, the deceased B (hereinafter “the deceased”), and the beneficiary as the legal heir of the insured (hereinafter “instant insurance contract”). At the time of entering into the instant insurance contract, the Deceased’s occupation was a university student.

(Vocational water supply Class 1). (b)

On May 20, 2012, the Deceased was driving a CY III motor vehicle on May 20, 2012, and died due to the shock line at a point of 92.13 km from the Busan Daegu-dong New-dong Busan-dong Busan-dong Busan-do Busan-do Busan-do Highway (Dong Daegu-gu).

At the time of the occurrence of the above accident, the Deceased was engaged in the string of broadcasting equipment, broadcasting equipment service, and manufacturing industry.

(Vocational water supply Class 2). (c)

On June 4, 2012, the Plaintiff filed a claim against the Defendant for the payment of insurance money based on the instant insurance contract.

The Defendant received an interim report from a certified damage adjuster on August 1, 2012, and paid KRW 27,831,910,910 reduced by KRW 24,697,126 as insurance money to the Plaintiff on August 13, 2012, on the ground that, according to Article 25(1) of the instant General Terms and Conditions (hereinafter “instant Terms and Conditions”), the Defendant did not immediately notify the Defendant of the change in the occupation of the insured, but did not perform the above obligation despite having immediately notified the Defendant of the change in the occupation of the insured.

D and E transferred claims based on the instant insurance contract to the Plaintiff on August 21, 2012, and notified the Defendant of the assignment of claims at that time.

E. Meanwhile, the main contents of the instant contract are as follows.

Article 25 (Duty to Notify after Contract) (1) Any contractor or any insured person shall conclude a contract.

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