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(영문) 서울중앙지방법원 2015.10.02 2014가합571354
보험금
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

On October 25, 2013, B entered into a family love insurance contract between the Defendant and the Defendant to cover KRW 200,000,000,000 insurance period from October 25, 2013 to October 25, 2040, and the contractor, the insured, and the beneficiary were the legal heir of the insured (hereinafter “instant insurance”).

B around 12:00 on December 31, 2013, at the Dong-gu Incheon Metropolitan City Medical Center located in 217, died from a parous shock caused by waste tuberculosis.

On March 14, 2014, the Plaintiff filed a claim with the Defendant for the payment of the disease death benefit under the instant insurance contract.

【In the absence of dispute, the plaintiff of the judgment party as to the main claim stated in the evidence No. 13 is seeking the payment of the insurance money for death of disease under the insurance contract of this case as the main claim of this case. Accordingly, the defendant is invalid under Article 103 of the Civil Act because the insurance contract of this case was concluded with multiple insurance contracts and the insurance money was concluded for the purpose of unjust acquisition of insurance money by ice out of the insurance accident, or the insurance contract of another person which was concluded without the written consent of the insured party B is null and void under Article 731 of the Commercial Act. Thus, the defendant asserts that the legal heir of B who is the beneficiary of this case did not bear the obligation to pay the insurance money for death of disease under the insurance contract of this case. Thus, the defendant first asserted that the insurance contract of this case was null and void as alleged by the defendant (the defendant is expected to terminate the insurance contract of this case on November 19, 2014). However, there is no evidence to prove that the defendant terminated or cancelled the insurance contract of this case.

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