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(영문) 서울중앙지방법원 2020.08.26 2020가단5056380
보험금
Text

All of the plaintiffs' claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiffs are the parents of the deceased D (hereinafter “the deceased”) who died of a traffic accident on November 12, 2017, and are the legal successors of the deceased, and the Defendant is an insurance company.

B. On February 10, 2017, Plaintiff A entered into an insurance contract between the Defendant with the insurance period, from February 10, 2017 to February 10, 207, with the beneficiary of the insured and the death insurance proceeds as statutory heir, and the amount of coverage for traffic injury and death (Drivers) due to the above insurance is KRW 100 million.

(hereinafter “instant insurance”). The main contents of the instant insurance terms are as follows.

Article 17 (Obligation to Notify After Entering into an Accident Insurance Contract) The contractor or the insured shall promptly inform the company of the change of his occupation or duty (including the case where the self-employed driver changes his occupation or duty as a driver) during the insurance period or where the insured has continuously used a two-wheeled automobile or motor device bicycle.

Where the risk is increased or decreased according to the notification under paragraph (1), the insurance premium may be changed, and the contractor may pay or receive a refund additionally due to the settlement of the termination refund which is a financial resource for guaranteeing the remaining period.

If risks increase due to intention or gross negligence of the contractor or the insured, the company may request or terminate the contract within one month from the date of receipt of the notice.

If an insurance premium is to be paid further due to the change of the insurance premium under paragraph (2), if the contractor neglects to pay the insurance premium for the claim of the company, the company shall pay the insurance money according to the ratio of the rate after the change of the rate.

However, the payment of insurance money that occurred regardless of the changed occupation or duties shall be made in the original manner.

The contractor or the insured shall be either intentionally or by gross negligence.

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