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(영문) 서울중앙지방법원 2018.11.22 2017가단5113696
보험금
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. Facts of recognition;

A. The relevant Plaintiffs between the parties are the legal successors of the deceased G (hereinafter “the deceased”). The Defendants are all insurers who concluded an insurance contract with the deceased for H vehicles owned by the deceased (2.5 tons dump trucks; hereinafter “instant truck”).

B. (1) On November 2015, the Deceased entered into a driver insurance contract between the deceased and each of the Defendant with Defendant E Co., Ltd. (hereinafter “Defendant E”), with the insured as the deceased. From November 17, 2015 to November 17, 2043, the transport injury death insurance amount as KRW 100 million is KRW 100,000,000, and the beneficiary of the death insurance amount as the legal heir and the premium amount as KRW 13,700,00.

(2) On December 2015, the Deceased entered into a contract between JJ Co., Ltd. (hereinafter, thereafter, the name of the Defendant FF Co., Ltd. was changed to November 1, 2017; hereinafter, “Defendant F”) and the insured as the Deceased; the period of insurance from December 7, 2015 to December 7, 2035; the traffic injury death insurance amount was KRW 100 million; and the beneficiary of the death insurance amount was KRW 14,000,000 per month.

(1) The sum of the insurance contracts under paragraphs (1) and (2) above (hereinafter referred to as “each of the instant insurance contracts”).

(1) The contents of each of the instant insurance contracts are as follows: (a) where the insured died as a result of the direct result of the injury caused by traffic accidents during the insurance period, namely, the payment of 100 million won to the statutory heir; and (b) other specific terms and conditions relating to each of the instant insurance contracts are as follows.

[I's General Terms and Conditions] Article 2 (Definition of Terms and Conditions) The definitions of terms used in this Agreement shall be as follows unless they are defined in the other provisions of this Agreement:

2. The number of physical injuries, clothing, bill, chair, etc. that have occurred during the cover period of the injuries of static terms used in the terms related to the grounds for payment, which are caused by a sudden and incidental accident.

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