logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.02.09 2016가합552067
보험금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On September 1, 2015, C concluded an insurance contract between the Defendant and the insured as the network D (EE; hereinafter “the network”) with the insurance coverage period from September 1, 2015 to September 1, 2080, including payment of KRW 350 million at the time of the death of a general injury (hereinafter “instant insurance contract”).

B. On November 16, 2015, around 15:30 on November 16, 2015, the Deceased was escorted to the emergency room of the Seoul University Hospital at 119 Report around 15:51, but on November 17, 2015, the Deceased died on the ground of the weather closure due to a pEA (Pullessless Elecas Act) and a heart reduction.

(hereinafter “instant insurance accident”). C.

The Plaintiffs are beneficiaries of the death insurance contract of this case as the deceased’s heir (parent).

Although the beneficiary of the instant insurance contract is not designated, according to Article 13 of the terms and conditions of the instant insurance contract (where the beneficiary is not designated, the beneficiary shall be the contractor in the case of maturity refund, and in the case of the death insurance, the beneficiary of the instant insurance contract shall be the statutory heir in the case of the insured, and in the case of the non-life insurance, the beneficiary of the death insurance in the instant case

Article 22(2) of the terms and conditions of the instant insurance contract provides that “In the event that the death was caused by a person under 15 years of age, a mentally defective person, or a mentally weak person as an insured person, the contract shall be null and void.”

[Ground of recognition] Unsatisfy, entry in Gap evidence 1 through 4 (including each number for a case with a serial number), the purport of the whole pleadings

2. The assertion and judgment

A. As to the plaintiffs' assertion of the parties to the insurance contract of this case against the defendant, the defendant constitutes the deceased's intellectual disability 2nd grade, and thus, the insurance contract of this case is about the person under the age of 15, Article 732 of the Commercial Act.

arrow