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1. The Defendant’s KRW 300,000,000 as well as annual 8.5% from January 28, 2005 to September 4, 2015 to the Plaintiff.
Reasons
In fact, on September 24, 2001, the Plaintiff and the Defendant engaged in the insurance business entered into a contract on life, life, condition B (hereinafter “the deceased”), and the beneficiary, upon death, enter into a contract on non-distribution, sports, and life insurance for the insured’s death and certain obstacles (hereinafter “main contract of the instant insurance contract”). In addition, the Plaintiff entered into an agreement on accident death (hereinafter “instant special agreement”) with the subscription amount of KRW 300 million.
The Deceased committed suicide on January 16, 2005.
On January 24, 2005, the Plaintiff claimed insurance money for the death of the deceased to the Defendant. On January 25, 2005, the Defendant paid KRW 187,155,700 to the Plaintiff with the general death insurance money under the main contract under the instant insurance contract.
Article 15(1) of the Special Agreement of this case provides that "the defendant shall issue a receipt when he receives the required documents at the time of a claim for insurance money, and pay the insurance money or the refund for cancellation within three days from the date of receipt of the documents," and Paragraph (2) of the same Article provides that "the defendant shall notify the beneficiary or the contractor of the delay of payment within seven days from the date of payment and shall pay the amount calculated by adding the interest rate for the loans of the principal contract to the period from the date following the date of payment to the date of payment by the unit of welfare."
[Ground of recognition] The defendant, who has no dispute, has a duty to pay the insurance money for death of disaster according to the special agreement of this case to the plaintiff, as stated in Gap's 1, 2, and 3, as well as the purport of the whole argument of the plaintiff.
At the preliminary claim of the plaintiff, the defendant did not pay the insurance money for the death of a disaster under the special agreement of this case even though it was aware that the cause for payment occurred.
It should have been paid as a matter of course.