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(영문) 대구지방법원 2016.08.24 2015나310429
보험금
Text

1. Revocation of the first instance judgment.

2. The defendant shall pay to the plaintiff A KRW 4,285,714, and KRW 2,857,142, respectively, to the plaintiff B and C.

Reasons

1. Determination as to the cause of claim

A. There is no dispute between the parties, or comprehensively taking account of the overall purport of Gap evidence Nos. 3, 4, 7, and Eul evidence Nos. 1 and evidence Nos. 1, the plaintiff Eul entered into an insurance contract on August 6, 2014 with D and the insured, and the beneficiary with no dividends protocolf as legal heir in the case of the death of the insured. According to the special terms and conditions of the insurance contract of this case, the defendant stipulates that the insured shall pay 10,000,000 won as insurance money to the beneficiary when he/she died of a disease, D (hereinafter referred to as the "the deceased"), while he/she was working on Aug. 22, 2014, died of the non-exclusive brain divestrophism, the plaintiff Eul is the deceased's spouse, and the plaintiff Eul and C can recognize the facts of the deceased's children.

B. According to the above facts, according to the insurance contract of this case, the defendant 4,285,714 won (10,000,000 won x 3/7,000 won x 3/7), and 2,857,142 won (i.e., the 10,000 x 2/7) to the plaintiff B and C, who is the deceased's child, and the 2,857,142 won (i.e., the 10,000 x 2/7) from August 23, 2014 to August 24, 2016, where it is deemed reasonable for the defendant to dispute the existence or absence of the obligation to perform as to the 5% debtor from August 24, 2016, which is the date of the judgment of the court of first instance, the defendant's assertion was rejected in the appellate court, even if its assertion was rejected in such a case.

(see, e.g., Supreme Court Decision 2013Da72664, Feb. 13, 2014). The amount of money calculated by the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

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