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(영문) 서울중앙지방법원 2016.01.08 2015가합546034
보험금
Text

1. The Defendant’s each of the Plaintiffs’ KRW 165,00,000, and 20% per annum from July 29, 2015 to September 30, 2015.

Reasons

1. Basic facts

A. The Plaintiffs are parents of girls C and girls D (hereinafter “the deceased”).

B. On July 15, 2013, C and the Defendant entered into an insurance contract for the Health Insurance Health Care for the following terms and conditions (hereinafter “instant insurance contract”).

The contractor: C, the beneficiary of the deceased’s maturity refund: C, the beneficiary of the deceased’s death benefit: the content of the legal heir’s security - Basic Contract: 100 million won of the disability after the injury (the maturity of 100 years of age): Death (the maturity of 100) 10 million won of the injury (the death of 70 years of age) (the death of 50 million won) and the death (the maturity of 65 years of age) 10 million won of the injury (the death of 60 years of age)

C. On February 1, 2015, the Deceased died as a traffic accident.

(hereinafter referred to as the "accident of this case"). [The ground for recognition] The fact that there is no dispute, each entry of Gap 1 through 4 (including a parcel number application for the case with a serial number) and the purport of the whole pleadings.

2. The parties' assertion

A. The Plaintiff’s insurance contract of this case was concluded by means of signing directly on the contractor and the insured column of the subscription form.

As such, the instant insurance contract is valid in compliance with Article 731(1) of the Commercial Act demanding the consent of another person in the insurance contract covering the death of another person as an insured event by signing directly on the insured column by the deceased, and thus, the Defendant is obligated to pay the insurance money to the Plaintiffs, who are legal successors of the deceased.

B. The Defendant’s assertion that the insured’s subscription for the instant insurance contract was signed by C on behalf of the Deceased and did not obtain written consent from the Deceased. Therefore, the instant insurance contract is null and void because it did not meet the requirements under Article 731(1) of the Commercial Act.

3. Determination

A. The validity of the instant insurance contract is based on the evidence Nos. 6 to 8, Nos. 4 to 7, 9, and 10, the results of the written appraisal by appraiser E, the witness F’s testimony and the purport of the whole pleadings.

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