logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.10.16 2017가단5143369
보험금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Facts of recognition;

A. On July 5, 2012, the Defendant, the insurer, concluded a D insurance contract with the Plaintiff, the beneficiary, and the insured amount of KRW 180,000,000. According to the said insurance contract, the Defendant, the insurer, paid KRW 180,000 to the beneficiary when the insured died due to injury during the insurance period (from July 5, 2012 to July 5, 2073).

B. At the time of the conclusion of the instant insurance contract, the Deceased consented by the Counseling Institute affiliated with the Defendant, with the explanation that “I shall be asked about whether I will drive the two-wheeled vehicle, or if I will use the two-wheeled vehicle continuously during the insurance period, the insured's health and job notification is different, or if I will use the two-wheeled vehicle or the motor device continuously, I will immediately inform the company thereof, and the insurance money may be reduced or terminated at the time of notification or modification.” After that, the Defendant sent the insurance policy and the insurance clause stating that “I will inform the company without delay if I will use the two-wheeled vehicle continuously during the insurance period.”

C. On September 18, 2016, the Deceased driven a small wheeled vehicle (Otoba) in front of the F Pharmacy E in the territory of the Republic of Korea: (a) was shocked on the vehicle in front of the bypass while driving a small wheeled vehicle (Otoba) owned by the deceased; (b) went beyond the opposite line due to its shock, and died on September 18, 2016.

On the other hand, the deceased disposed of the motor vehicle owned by the deceased on July 2015, and the same year.

8. On September 21, 2015, when acquiring a motorcycle driver’s license, the two-wheeled vehicle was purchased and reported on September 21, 2015, and subscribed to the two-wheeled vehicle insurance, but did not notify the Defendant thereof.

E. The Plaintiff filed a claim for insurance proceeds on October 14, 2016, but the Defendant on November 10, 2016.

The reason for such violation and violation of the obligation to notify (Article 652 of the Commercial Act) are stated.

arrow