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(영문) 서울중앙지방법원 2018.11.06 2017가단5198703
구상금
Text

1. The Defendant’s KRW 31,50,000 as well as the Plaintiff’s annual rate of 5% from November 7, 2017 to November 6, 2018, and the following.

Reasons

1. The facts of the cause of the instant claim are identical to the facts listed in the cause of the instant claim as stated in the separate sheet, and this may be recognized either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in the evidence Nos. 1 to 8

(2) In conclusion of an insurance contract which covers the death of another person as an insured accident, the insurance solicitor has a duty of care to explain the requirements such as the written consent of the insured to the policyholder in a specific and detailed manner so that he/she can make effective insurance contracts. Nevertheless, the insurance contract becomes null and void due to the defect of the above requirements on the wind that the insurance solicitor did not explain the above, and as a result, if the insurance solicitor is unable to receive the insurance proceeds despite the occurrence of the insured events, the insurer is liable to compensate the policyholder for the damage equivalent to the insurance proceeds pursuant to Article 102(1) of the Insurance Business Act.

(see, e.g., Supreme Court Decision 2007Da30263, Sept. 6, 2007). Moreover, pursuant to Article 102(1) of the Insurance Business Act, the term “damage inflicted on the policyholder to be compensated by the insurer to the policyholder” is “amount that can be paid as insurance money.”

(see, e.g., Supreme Court Decision 2006Da55654, May 10, 2007). Meanwhile, Article 97(1)7 of the Insurance Business Act provides that a person engaged in the conclusion or solicitation of insurance contracts may not “in the event that a policyholder or the insured requires the signature of the policyholder or the insured, the signing of the contract may not be substituted or made another person sign the contract without obtaining a signature from the policyholder or the insured,” and in this case, the insurance contract of this case.

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