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(영문) 서울중앙지방법원 2015.02.06 2013가합556143
보험금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 10, 2013, through an insurance solicitor B, the Plaintiff entered into an insurance contract with Defendant Mimz Fire and the policyholder, the Plaintiff’s Plaintiff’s Plaintiff’s Plaintiff, C, and the insurance period from September 10, 2013 to September 10, 2078, and the Plaintiff’s payment of KRW 30 million in the event of the death of the insured’s disease due to collateral. The Plaintiff paid the insurance premium on September 10, 2013.

B. On September 11, 2013, through the above B, the Plaintiff entered into a non-dividend social CIF insurance contract with the Defendant East Life Division, including the content that the policyholder and the insured shall be the Plaintiff and the insured, and the insured shall be paid KRW 80 million in the event of the death of the insured, and the Plaintiff paid the insurance premium on September 11, 2013.

(hereinafter referred to as “each of the instant insurance contracts”) in total.

At the time of each of the instant insurance contracts, C’s signature stated in the “insured” column for subscription is not limited to C.

(A) The plaintiff himself/herself, or was present at the site at the time of concluding the contract, D's work bonus for the plaintiff seems to be substituted by it).

On September 11, 2013, C, the insured of each of the instant insurance contracts, died of a wide range of closure around 11:38.

E. After the death of C, the Plaintiff claimed payment of the death insurance money under each of the instant insurance contracts against the Defendants, but the Defendants refused payment of the insurance money on the ground that C did not consent by document at the time of the conclusion of each of the instant insurance contracts, and C suffered mental fission from around 2003 but did not notify the Plaintiff.

F. Since then, the Plaintiff was investigated by being suspected of attempted fraud with respect to the conclusion of each of the instant insurance contracts and the claim for the payment of insurance proceeds, and on December 22, 2014 from the above case (Seoul Central District Prosecutors' Office 2014 type No. 25057) to the insurance solicitor B in collusion with the insurance solicitor B, and the medical history of the insured C’s mental fission premium treatment.

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