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(영문) 서울남부지방법원 2016.11.25 2013가합16351
보험금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit shall include all parts resulting from the succession.

Reasons

1. The following facts of basic facts may be admitted, either in dispute between the parties or in each entry in Gap evidence Nos. 1 to 8, 10, and 1 and 2 (including the branch numbers, if any).

The plaintiffs as plaintiffs A are the wife of the deceased E (hereinafter "the deceased"), and the children of the plaintiffs B, C, and D are children of the deceased.

B. Insurance contract between the deceased, etc. and the defendant Han Korean Life Insurance Co., Ltd. 1) Plaintiff A on March 30, 2007 (hereinafter “Defendant Han Korean Life Insurance”).

[Attachment 1] Insurance Contract described in Section 1 of the Schedule of Attached 1. (hereinafter “instant Type 1 Insurance Contract”).

(2) On March 31, 2008, the Deceased Life Insurance Co., Ltd. (hereinafter “instant 2 insurance contract”) concluded an insurance contract on March 31, 2008 between the Defendant Hansan Life Insurance and the Defendant Hanan Life Insurance and the Plaintiff’s legal heir of KRW 750 million (hereinafter “instant 2 insurance contract”). According to the details of the compensation, in the event that the deceased died due to a sudden and remote external traffic accident, the Defendant Hanan Life Insurance and the legal heir of the deceased would pay KRW 750 million (hereinafter “instant 2 insurance contract”).

3) On May 22, 2012, the Defendant Hanhwa Life Insurance paid KRW 1,531,200 out of the insurance money stipulated in the instant first insurance contract and KRW 50,59,586 out of the insurance money stipulated in the instant second insurance contract due to a traffic death accident committed by the Deceased on October 3, 2011. (c) On June 15, 2006, the Deceased Co., Ltd. (the insurance contract between the Deceased and the Defendant K Non-Life Insurance Co., Ltd.) paid KRW 1,59,586 out of the insurance money stipulated in the instant second insurance contract. (The insurance contract between the Deceased and the Defendant K Non-Life Insurance Co., Ltd.) was the Defendant K Non-Life Insurance Co., Ltd. (the trade name at that time was changed to the “K Non-Life Insurance Co., Ltd., Ltd.,” on June 24, 2015.

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