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(영문) 서울중앙지방법원 2017.06.22 2014가단5276428
보험금
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. On October 25, 2013, the insurer’s life insurance death insurance contract No. capable of entering into an insurance contract, the policyholder, the insured/beneficiary, 100 million won security insurance for Defendant Company’s non-dividend D/ the insured’s legal heir on October 25, 2013;

A. According to the conclusion of multiple insurance contracts with the Plaintiff, each of the following insurance contracts was concluded in the name of the policyholder D ( husband of the Plaintiff) through B (Insurance Solicitors of the Korea Commercial & Loss Insurance) and C (employee of the Korea Commercial & Loss Insurance Co., Ltd., the insurance agency of the Defendant), which was in friendship with the Plaintiff.

B. Around 12:00 on December 31, 2013, the Plaintiff’s husband D died from a parous shock from pulmonary tuberculosis at the medical center of Incheon Metropolitan City located in Dong-gu Incheon Metropolitan City, Dong-gu, 217.

(hereinafter referred to as “the deceased”). (c)

The plaintiff around March 2014.

As to the No. 1 insurance No. 1 (hereinafter “instant insurance contract”), the Defendant, the insurance company, filed a claim for the payment of the insurance money for illness death under each insurance contract with respect to the No. 2 Insurance (hereinafter “S. 2 Insurance”) (hereinafter “S. 2 Insurance”), which is the insurance company, against the Defendant and the interesting fire, but the Defendant and the interesting fire were refused to pay the insurance money, respectively. On October 1, 2014, the lawsuit filed a claim for the insurance money against the interesting fire insurance (Seoul Central District Court Decision 2014Gahap571351 (Dismissal of the Plaintiff), Seoul High Court Decision 2015Na2060502 (Dismissal of the appeal), and Supreme Court Decision 2016Da275198 (Dismissal of the appeal), and became final and conclusive as against the Plaintiff (hereinafter “related case” or “related judgment”).

) At the same time, the instant lawsuit was filed against the Defendant on the same day.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 and 9 evidence, the purport of the whole pleadings

2. Judgment on the primary cause of the claim

A. The gist of the parties’ arguments.

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