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(영문) 수원지방법원 2017.01.13 2016나60362
보험금
Text

1. Of the judgment of the court of first instance, the plaintiff with respect to the preliminary claim that is the next order for payment.

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows: (a) the part of the reasoning of the judgment of the court of first instance No. 8, “3. Preliminary Claim” (hereinafter “Preliminary Claim Judgment”) is as stated in the reasoning of the judgment of the court of first instance, except for a new part as set forth below 2; and (b) thus, this part is cited by the main text of

2. Judgment on the conjunctive claim

A. Considering the determination on the cause of claim, in an insurance contract covering the death of another person as an insured accident, the insurance contract becomes null and void as it violates Article 731(1) of the Commercial Act without obtaining the written consent of another person who is the insured at the time of concluding the insurance contract. Therefore, when concluding the above insurance contract, the insurance solicitor, who is an insurance expert, has the duty of care to explain in detail to the policyholder the fact that the insurance contract cannot be null and void without obtaining the consent of another person who is the insured, and to take measures to enable the policyholder to obtain the written consent

(See Supreme Court Decision 2007Da30263 Decided September 6, 2007, etc.). However, according to the statement No. 3 and the testimony of witness C of the first instance trial, the following circumstances acknowledged as follows, and ① in the event that the insured is a minor, C, who is an insurance solicitor of the Defendant, testified to the effect that “in the event of a minor, the insured is entitled to the contractor who has used the name of the insured himself/herself, but the minor is not an essential matter.” At the time of entering into the insurance contract of this case, C appears to have not given a proper explanation to the Plaintiff as to the situation that the written consent of the deceased is necessary even at the time of entering into the insurance contract of this case, and ② in the form of the contract subscription and the obligation to notify prior to the contract of this case, the contractor and the

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