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(영문) 수원지방법원 2016.05.12 2015가단137660
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. The deceased D (hereinafter “the deceased”) entered into an insurance contract with the Defendant as the insured under the following terms (hereinafter “instant insurance contract”).

On April 4, 2007: content of insurance contracts covered by non-dividend Samsung F&M Drivers Insurance (04.2): Beneficiary of death benefit of 50 million won for the death of injury: the statutory inheritor insurance period from April 4, 2007 to April 4, 2017: 58,000 won (basic: 13,970 won special agreement: 30,850 won): 30,000 won for monthly insurance premium of 10 years for ten years: 4, 2007

B. On June 12, 2015, around 10:50 on June 12, 2015, the Deceased died after falling down with the fourth floor above the ground level while working on the parking site at the parking site of an officetel new building located in Daejeon Seo-gu E, and on the outer wall of the parking site.

C. The plaintiff A is the deceased's wife, and the plaintiff B and C are their children.

On August 13, 2015, on the premise that the death of the deceased constitutes injury or death under the instant insurance contract, the Defendant filed a claim for the death benefit under the instant insurance contract with the Defendant on August 13, 2015. The Defendant did not pay the remainder KRW 31,694,130 of the amount guaranteed for death benefit to the Defendant for the proportional compensation for breach of the duty of notification, on the ground that the deceased did not notify the Defendant of the fact that the work of the deceased was the Deputy Director at the time of the conclusion of the instant insurance contract, and that the work of the deceased was changed to the team hole after the conclusion of the contract.

In the instant insurance contract documents, the deceased’s direct occupation is “the Sejong Deputy Manager,” and the deceased had been operating the Sejong Deputy Manager at the time of entering into the instant insurance contract, but was working as the printing hole in the construction site from October 2007.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. The plaintiffs' assertion and the deceased's determination as to this issue are recommended by F, an insurance solicitor of the defendant, around April 3, 2007.

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