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(영문) 부산지방법원 2017.12.22 2016가단352411
보험금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The deceased B (hereinafter “the deceased”) concluded an insurance contract with the Defendant, who is an insurance company, as listed below (hereinafter “each of the instant insurance contracts”).

The period of 1401 insurance coverage from February 13, 201 to February 13, 2034, when the policyholder/the deceased/the deceased/the deceased/the deceased died on February 13, 2034, and the death of the deceased, other than the legal inheritor, for the death of the deceased (50,000,000) and the death of the deceased’s insured coverage insurance policy (1407 insurance period from September 17, 2014 to September 17, 2067: the death of the deceased, other than the legal inheritor, due to the death of the deceased on September 17, 2014 (from September 17, 2014 to September 17, 204): 30,000,000 won and death of the deceased upon the death of the beneficiary who is the policyholder/the deceased/the deceased/the deceased (i.e., death of the deceased): 80 years of age renewed (i. 40, 2001,700

B. From March 2016, the Deceased: (a) performed long-term care at the “D” Mosel located in Tong Young-si for approximately twenty (20) days; (b) died due to the acute malphism between alcohol and chronic dypitis around April 4, 2016, while drinking almost every day; and (c) died due to acute malphism of alcohol and chronic dypitis.

C. The plaintiff is the mother of the deceased.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 7, 8, 9, Eul evidence No. 4, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s death of the Deceased constitutes “the death of a disease” stipulated in the insurance clauses of each of the instant insurance contracts. As such, the Defendant, as a legal inheritor of the Deceased, is obligated to pay KRW 50,000,000 insurance money based on the first insurance contract, and KRW 80,000,000 based on the second insurance contract (= KRW 30,000,000) to the Plaintiff, a beneficiary, as a beneficiary of the instant insurance contract.

B. The Defendant’s claimant did not notify the Defendant of the “matters of the entire contract, such as kings,” which are important matters to be notified to the insurer at the time of entering into each of the instant insurance contracts, and the Defendant did so on the ground of the Defendant’s breach of duty of disclosure.

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