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(영문) 서울중앙지방법원 2015.05.15 2014가합566185
보험금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

Basic Facts

On November 3, 2005, the deceased C entered into an insurance contract in the separate sheet (hereinafter “instant insurance contract”) with the Defendant, and from around that time to March 2013, the Defendant paid the insurance premium under the said insurance contract to the Defendant. From around April 2013, the deceased C did not pay the insurance premium under the said insurance contract.

On May 11, 2014, the deceased C died on or around 13:59, and the Plaintiffs are the deceased C’s parents.

Among the terms and conditions of the instant insurance contract, the main provisions relating to the termination of the contract are as follows.

[Contract Terms and Conditions of the Contract] Article 6 (Voluntary Termination of Contract) The contractor may terminate the contract at any time before the contract is terminated, and in this case the company shall pay the cancellation refund pursuant to Article 18 (Refunds for Termination) (1) to the contractor.

Article 12 (Demand and Termination of Contract for Payment of Insurance Premiums) (1) When any contractor fails to pay the insurance premiums 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 due date of payment falls, and the company shall terminate the contract on the day following the expiry of the due date of payment, in cases where the insurance premiums are not paid within the due date of demand and demand as stipulated in paragraph (3).

The Company shall pay the agreed insurance money in respect of any accident that occurs within the period of demand for payment.

(3) Where premiums have not been paid by the due date for the second or subsequent payment of premiums, a company shall pay premiums in arrears to its contractor (in cases of insurance for a third person, including a beneficiary who has received a specific insurance premium) within the payment demand period, and where premiums have not been paid by the due date for the expiration of the payment demand period, the company shall pay premiums in arrears to its policyholder (in cases of insurance for a third person, 15 days after the expiration of the payment demand period from the date following the expiration of the highest demand period for payment.

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