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1. The Defendant shall pay the Plaintiff KRW 100,000,000 and the interest rate of KRW 15% per annum from August 27, 2016 to the date of full payment.
Reasons
1. Basic facts
A. On December 5, 2014, the Plaintiff entered into a non-dividend group accident insurance contract with the Defendant (hereinafter “instant insurance contract”) with the following content.
Insurance period: From December 5, 2014 to December 5, 2019: Insured beneficiary B: 50,000 won upon death of the Plaintiff, the Plaintiff upon maturity, and the Plaintiff’s insurance premium upon survival: 500,000,000 won: 5 years, and the amount of monthly insurance coverage: 100,000,000 won for death benefit.
B. At around 19:51 on January 10, 2016, the insured Party B, while driving a vehicle at Dong-gu, Chungcheongnam-gu, Dong-gu, Dong-gu, Dong-gu, Seoul, killed at around 20:5 and transferred the vehicle to the hospital and died during treatment.
[Ground of recognition] Facts without dispute, entry of Gap 1 to 6 evidence, purport of the whole pleadings
2. The parties' assertion
A. Since the Plaintiff’s assertion died as the main injury B, the insured, the Plaintiff’s insured, the Plaintiff sought payment of KRW 100,000,000 of the death benefit under the instant insurance contract.
B. The summary of the Defendant’s assertion 1) that the Plaintiff did not pay the final insurance premium for June 2015, and the Defendant sent the notice of termination to the Plaintiff on September 5, 2015. At that time, the Plaintiff’s representative director was D, who was an insurance solicitor and a receiver of the instant insurance contract, and thus, even if the said notice of termination was returned, it should be deemed that the notice of termination was issued to the Plaintiff. Therefore, as the instant insurance contract was lawfully terminated at that time, the Defendant is not liable for the payment of insurance money due to an accident that occurred after the termination of the instant insurance contract. 2) It is reasonable to interpret that the instant insurance contract was agreed to the beneficiary to pay the Plaintiff to B or his bereaved family, not to receive and hold the insurance money until the occurrence of the insurance accident due to a cause other than the business affairs at the time when B consented to the conclusion of the instant insurance contract