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(영문) 서울중앙지방법원 2020.08.14 2019가단5273738
보험금
Text

1. The Defendant’s KRW 42,857,142, Plaintiff B, and C respectively, and each of them from July 6, 2015.

Reasons

1. Facts of recognition;

A. Plaintiff A and F are married couple, and Plaintiff B and C are children of Plaintiff A and F.

B. On June 9, 2005, Plaintiff A and the Defendant entered into a H insurance contract (hereinafter “instant insurance contract”) with the securities number “G”, “Plaintiff A”, “insured subject to insurance (insured), “F”, “legal inheritor” upon death, “principal contract (in the case of subscription amount: KRW 50,000,000)”, and “monthly 54,200 (credit card: credit card payment method)” as the contractual terms.

C. The written application for the insurance contract of this case is written by the Plaintiff A’s mail receipt place (i.e., the contractor) was changed to the “Ldong,” and the “Kdong” was changed to the “Ldong,” and the “J” appears to be a clerical error in the “M.”

The terms and conditions of the instant insurance contract (hereinafter “instant terms and conditions”) pertaining to the instant case are as follows.

Article 12 (Peremptory Notice and Termination of Contract for Payment of Insurance Contribution) (1) When a contractor fails to pay the insurance contribution from the second installment to the due date of payment, the period shall be the last day of the month following the month in which the date following the due date of payment falls, and the company shall terminate the contract on the day following the expiration of the due date of payment in cases where the insurance contribution has not been paid within the due date of payment, as stipulated in paragraph (3).

The Company shall pay the agreed insurance money for an accident that happens within the period of demand for payment.

(3) In cases where the payment of premiums is in arrears due to the failure of the second or subsequent payment of premiums by the due date, a company shall pay the unpaid premiums to policyholders (in cases of insurance for a third person, including those who receive specific insurance money) within the payment demand period, and terminate the payment demand period.

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