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(영문) 서울남부지방법원 2016.11.25 2016가단230328
보험금
Text

1. The Defendant: (a) KRW 10.7 million for each of the Plaintiffs, as well as 5% per annum from July 16, 2016 to November 25, 2016; and (b).

Reasons

1. Facts of recognition;

A. On March 20, 2012, the deceased C (hereinafter “the deceased”) entered into an insurance contract with the Defendant stating “contractor, the deceased, the beneficiary’s statutory heir at the time of death, the beneficiary’s statutory heir at the time of death, and the insurance period from March 20, 2012 to March 20, 2054” (hereinafter “instant insurance contract”).

B. At the time of the instant insurance contract, the Deceased worked as a field worker (class 3) by entering D, a waste incineration company, on May 4, 2015.

C. On March 6, 2016, around 04:00, the Deceased felled into the fourth floor below the height of the fourth floor and died around that time.

The plaintiffs are parents and legal successors of the deceased.

Article 26 (Duty to Notify After Entering into an Accident Insurance Contract) (1) Where an insured person (person insured) changes his occupation or duty during the insurance period (including where a private-use driver changes his occupation or duty as a driver), or where he continuously uses a two-wheeled motor vehicle or motor device bicycle, he/she shall promptly inform the company.

(2) Where the risk has decreased pursuant to paragraph (1), the company shall return the difference insurance premium, and where the risk has increased due to the intention or gross negligence of the contractor or the insured (person insured), it may request or terminate the contract for the increase of the insurance premium within one month from the date of receipt of the notice.

3. If the contractor neglects to pay the premium upon the request of the company in accordance with the notification under paragraph (1), the company shall have the occupation of the premium rate applied before the change of occupation or duty (hereinafter referred to as “pre-payment rate”).

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