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(영문) 대구지방법원서부지원 2017.08.10 2016가단56605
구상금
Text

1. The Defendant’s KRW 20 million to the Plaintiff and the Plaintiff’s 5% per annum from June 23, 2009 to August 10, 2017.

Reasons

1. Facts of recognition;

A. On April 2, 2007, the Plaintiff entered into an insurance solicitor appointment contract with the Defendant as an insurer engaged in life insurance business, etc.

B. Around May 2007, the Defendant: (a) requested B to subscribe to an insurance contract with “one-type insurance contract without dividends; (b) the insured, the insured C (B), the insured amount of KRW 100 million; and (c) submitted to the Plaintiff on May 31, 2007, a written subscription for the insurance contract with the purport that “the insured shall be paid when the insured dies during the insurance period (the Defendant signed B and C)” (the Plaintiff accepted the said subscription with the signature of B and C); and (d) the Plaintiff accepted the said subscription.

C. C died on January 13, 2009, and B filed a claim with the Plaintiff on February 4, 2009 for the death insurance amount based on the instant insurance contract.

After receiving a claim from B for insurance money, the Plaintiff confirmed that the Defendant did not have the written signature of the insured C in the application form of the insurance contract of this case, and notified B of April 2009 that “the instant insurance contract is null and void because the insured C did not have the written signature, and would refund the total amount of the paid insurance premium,” and returned the insurance premium of KRW 4,704,000 to B on April 9, 2009.

E. B filed a civil petition with the Financial Supervisory Commission on May 7, 2009 regarding the Plaintiff’s refusal of payment of the insurance money, and the Plaintiff entered into an agreement with B on June 1, 2009 that the Plaintiff shall pay KRW 50 million in total, including KRW 4,704,00 returned by the Plaintiff, and paid KRW 45,296,000 pursuant to the above sub-committee agreement on June 22, 2009.

[Ground of recognition] Facts without dispute, Gap's statements, Gap's evidence Nos. 1, 2, 3, 4, 5, 8, 9, 16, and the purport of the whole pleadings

2. The assertion and judgment

A. The invalidity of the insurance contract of this case and the defendant's liability for damages 1) The insurance contract which covers the death of another person as an insured event shall obtain the written consent of the other person at the time of concluding the insurance contract (the Commercial Act).

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