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(영문) 광주지방법원 순천지원 2018.05.02 2017가단8948
보험금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C, on October 12, 2015, conflicts with E-si while driving a DNA body-man vehicle by stealing it.

The above accident caused the death of the deceased who was on the top of the steering force of the vehicle (hereinafter referred to as "the deceased").

B. The Plaintiff, the deceased’s father, and his mother, are legal successors of the deceased, and the Defendant is an insurer who concluded an insurance contract with the Plaintiff.

C. The Plaintiff and the Defendant entered into two insurance contracts with the Deceased as the insured (hereinafter “instant insurance contract”). The main contents are as follows.

1. The name of the goods: H Insured: F, and the beneficiary’s statutory inheritor period from July 6, 2012 to July 6, 2096: The cover period: ① the details of the security from July 6, 2012 to July 6, 2096 (the 70,000 won of death (the 80,000 years of age and 25 years of age). ② The name of the goods in death (the 30,000,000 won of death (the 25 years of age and 25 years of age): F, the beneficiary of death insurance: the statutory inheritor period from June 11, 2015 to June 11, 2096; the fact that there is no dispute over the contents of the security, the statement in subparagraphs 1 to 8, each of the arguments, and the purport of the whole pleadings.

2. The assertion and judgment

A. The gist of the parties’ assertion argues that the Plaintiff is obligated to pay KRW 15 million equivalent to the Plaintiff’s inheritance shares (1/2) out of the total insurance amount of KRW 230 million to the Plaintiff, as stipulated in the instant insurance contract, since an insured incident that the Plaintiff died by F, the insured.

As to this, the Defendant’s insurance contract was null and void pursuant to Article 732 of the Commercial Act, since the Deceased was in a state of mental disorder or mental disorder at the time of entering into the instant insurance contract. In the insurance contract which covers the death of a minor as an insured event, where the legal representative is the beneficiary or policyholder, it must be subject to the consent of the special representative appointed by the court as an act of conflict with interest. However, the instant insurance contract was concluded without

(b) judgment;

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