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(영문) 서울중앙지방법원 2014.07.09 2013가합52511
보험금
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiffs asserted that the defendant and the defendant entered into two insurance contracts with C in the form of punishment with the plaintiffs on September 18, 2012, "Undividending Schedule Health Insurance (1029)". Each of the above insurance contracts is that C shall pay KRW 100,000,000 each insurance money to legal inheritors when C dies. Since C fell from stairs within the insurance period of each of the above insurance contracts and died on January 15, 2013, which is within the insurance period of each of the above insurance contracts, the defendant is obligated to pay KRW 100,000,000 as insurance money to the plaintiffs who succeeded to one-half shares of each of the above insurance contracts, and the delay damages therefor.

2. Comprehensively taking account of the overall purport of the arguments as indicated in Gap evidence Nos. 1 and 5, the fact that C fell from the stairs of his home on Jan. 15, 2013 and died from an excessive explosion due to double wave. The plaintiffs are legal successors who inherit C's 1/2 equity shares as C's dynamics, and the fact that the insurance contracts of two types, "Irreing the Heal Health Insurance (1029)" (hereinafter "each of the insurance contracts of this case") are policyholders, the insured, C, the contract date of Sep. 18, 2012; the insurance period from Sep. 18, 2012 to Sep. 18, 2074; the fact that two insurance policies (securities number D; E); the insurance contracts of this case are issued as legal successors of the beneficiary of death; and the fact that each of the insurance contracts of this case is paid KRW 100,000,00 as to the death of each of the insured.

However, since an insurance contract is established by the unity of intentions between the parties and does not require a separate document, the insurance policy prepared and delivered at the time of concluding the insurance contract is merely a single evidentiary document, so the establishment of the insurance contract can be recognized not only by the evidentiary document but also by taking into account the circumstances before and after concluding the contract, the parties who received the insurance premium, etc.

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