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(영문) 수원지방법원여주지원 2017.04.06 2016가단56467
보험금
Text

1. The Defendant entered into a contract between the Plaintiff and the Defendant with respect to the diagnosis of acute refluence on April 18, 2012.

Reasons

1. Facts of recognition;

A. On February 29, 2012, the Plaintiff, an insurance company, entered into an insurance contract with the Defendant (former B) on insurance products, such as the attached list, as indicated in the attached Table (hereinafter “instant insurance contract”).

B. On April 18, 2012, the Defendant was diagnosed due to the outbreak of acute eculation, and was hospitalized until April 24, 2012.

(hereinafter “instant insurance accident”). C.

On June 22, 2016, the Defendant claimed KRW 10 million to the Plaintiff as insurance proceeds from the diagnosis of acute malutism.

[Evidence Evidence: Descriptions of Evidence Nos. 1, 2, and 3 (including paper numbers) and the purport of the whole pleadings]

2. Judgment on the parties' arguments

A. 1) The Defendant’s claim for insurance money under the instant insurance contract expired after the lapse of two years of extinctive prescription. 2) The Defendant was unaware of the fact that the Defendant subscribed to the instant insurance product. On June 2016, the Defendant was aware of the fact that the Defendant received the instant insurance product.

The Plaintiff, an insurance company, was not issued a written insurance contract, insurance policy, and insurance terms and conditions.

The plaintiff has continuously received insurance premiums from the defendant even after a sudden fluorial fluorial fluorial fluor.

Despite the fact that the defendant, a contractor, did not claim insurance money, the plaintiff's failure to pay insurance money on the ground of extinctive prescription is an abuse of rights and is contrary to social justice.

B. 1) Determination as to the completion of extinctive prescription is based on the following: (a) the general terms and conditions of the instant insurance contract (Articles 3 and 28) and the former Commercial Act (amended by Act No. 12397, Mar. 11, 2014; hereinafter “Commercial Act”).

Article 62 provides that the extinctive prescription of a right to claim insurance benefits shall expire if it is not exercised for two years. Therefore, the extinctive prescription of a right to claim insurance benefits shall, in principle, be an insured incident.

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