logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2013.12.20 2012가합108073
부당이득금반환
Text

1. The plaintiff's primary claim against the defendants is dismissed, respectively.

2. Defendant B and C are subject to each of the Plaintiff’s KRW 84,978,970.

Reasons

1. Facts of recognition;

A. The plaintiff is a company established for the purpose of insurance business, etc., and the defendant B (the whole of the defendant B et al. before and after the opening of the name) and C are the children of the netF who concluded the insurance contract with the plaintiff, and the defendant A is the mother and the mother of the defendant B and C and the F on April 1, 1993, but has been divorced on August 25, 1998 and divorced with the defendant D.

B. The Plaintiff concluded an insurance contract with F and Defendant C as indicated below (hereinafter “instant insurance contract”) and each of the instant insurance contracts determined that all of the insurance contracts did not compensate for damage caused by the insured’s intentional act.

On July 13, 2000, the insured insured policyholder (contributers) covered by the insurance term of the life-long insurance period, which is the date of concluding the contract, from July 13, 2000 to July 13, 2015, such as the F General Injury Death, etc. on June 28, 2005, including the FF General Injury Death, etc. from July 13, 2000 to June 28, 2005.

C. F around June 20, 201, around 18:30 on June 20, 201, fells from his house area to 101, 201, 201, and died, and accordingly, Defendant B and C inherited F by 1/2 shares.

Defendant A, as the legal representative of Defendant B and C at the time, claimed that the death of said F was an accident, and received total of KRW 169,957,940 from the Plaintiff on June 27, 2012 as insurance money under each insurance contract of this case.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1, 2, 4 and 7 (including various numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Judgment as to the main claim

A. The Plaintiff’s assertion 1F died in his house, and thus, the damage incurred therefrom is the damage caused by the intention of F, the insured of each of the instant insurance contracts, which is the damage.

Therefore, the plaintiff is obligated to compensate for the damage caused by it.

arrow