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(영문) 서울중앙지방법원 2016.08.18 2015가합516729
보험금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On September 4, 2013, the deceased C (hereinafter “the deceased”) entered into a non-dividend comprehensive insurance contract with the Defendant with the following content (hereinafter “instant insurance contract”), and around that time, the Defendant paid the first insurance premium to the Defendant.

The amount of general injury death insurance money of KRW 170 million from September 4, 2013 to September 4, 2085 is 106,326,381 won when the general injury death benefit of the deceased and the deceased’s deceased’s deceased’s deceased’s deceased’s deceased’s deceased’s deceased’s deceased’s deceased’s deceased’s deceased’s deceased’s deceased’s deceased’s deceased’s death insurance contract period is paid in lump sum as a general injury death

503,700 won per month for 20 years from September 4, 2013 (i.e., monthly payment for 10 million won (=371,261 won per month for guaranteed insurance premiums) 132,439 won per month

B. On September 28, 2014, at around 03:50, the Deceased operated a lutob (E, 124C) on his own, and died on that spot due to an accident that shocks and uses the inner circulation roads in front of the management office of 16 Sung-dong, Dongdaemun-gu, Seoul, the head of Dong-gu, Dongdaemun-gu, the management office of the 16 Sung-dong, Seoul, along with the luxum discharge from the monthly luxum discharge (hereinafter “instant accident”).

C. At the time of the death of the deceased, there are the wife A and the Plaintiff B, who is his father and wife.

Around December 2014, the Plaintiffs filed a claim with the Defendant for the payment of the general injury death benefit amount in accordance with the instant accident. However, around December 31, 2014, the Defendant sent to the Plaintiff: (a) around December 31, 2014, the content-certified mail stating that “The Deceased, who is the policyholder, entered into the instant contract without notifying the Plaintiff that he/she will drive the Ortobane; (b) this constitutes a notification or a false notification on important matters; and (c) the instant insurance contract is terminated; and (d) the said content-certified mail reached the Plaintiff A on January 5, 2015.

E. As to the instant insurance contract’s duty to inform the entire contract, the following contents are as follows.

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