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(영문) 대구지방법원 2015.02.13 2014가단107243
보험금
Text

1. The Defendant: (a) against the Plaintiff, KRW 8,035,714, KRW 5,357,142 for each of the said KRW 5,357, and KRW 142 for each of the said KRW and each of the said KRW to the Plaintiff A.

Reasons

1. Facts of recognition;

A. On December 29, 2006, D entered into an insurance contract (Hi0604) with the Defendant for non-distribution of happiness (hereinafter “instant insurance contract”).

The main contents of the instant insurance contract concerning basic contract insurance money are as follows.

Insured beneficiary: The insurance period of statutory heir: From December 29, 2006 to December 29, 2048: The insurance proceeds of a basic contract: 50 million won: In cases of death due to an accident requiring payment of insurance proceeds.

B. At the time of the subscription of the instant insurance contract, D notified the Defendant of its occupation as “business truck driver”, and the Defendant calculated the insurance premium according to the premium rate of the injured water supply (Grade 3) corresponding to that occupation and concluded the insurance contract.

D On May 4, 2010, the content of the instant insurance contract was modified to reduce the insurance premium according to the insurance premium rate corresponding to the modified injury supply, on the ground that the duty was changed from the “operator of a truck truck for business use” to the “operator of a truck for delivery planning business”.

C. Articles 24 and 25 of the terms and conditions of the instant insurance contract (hereinafter “instant terms and conditions”) are as follows.

Article 24 (Duty to Notify After Contract) (1) Where the insured has entered into a contract, he/she or the insured has changed his/her occupation or duty (including where a self-employed driver changes his/her occupation or duty to a driver for business), or has directly used a two-wheeled motor vehicle or motor device bicycle, he/she shall notify the defendant in writing without delay and obtain confirmation from the defendant in the insurance policy (insurance Policy).

2. Where the risk has decreased pursuant to paragraph (1), the defendant shall return the difference insurance premium, and where the risk has increased, he/she may request or terminate the contract within one month from the date of receipt of notice.

(3) Insurance premiums shall be added to the notification under paragraph (1).

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