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(영문) 광주지방법원 2019.08.23 2018나57796
보험금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. In the instant case where the Plaintiff claimed against the Defendant for payment of KRW 25 million in total, including insurance money of KRW 20 million due to the death of disease under the insurance contract listed in the attached list (hereinafter “instant insurance contract”), and KRW 5 million in total due to the determination of acute fluoric fluoric fluoric fluoric fluoric fluoric fluoric fluoric fluoric fluoric fluoric fluoric fluoric fluoric fluoric fluor, only the Defendant filed an appeal against the dismissed judgment. As such, the scope of the instant judgment is limited to the claim for KRW 20 million in total due to the death

2. The Plaintiff’s grounds for appeal citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, except for the following additional parts, and the fact-finding and judgment of the court of first instance are justified even if all evidence submitted to the court of first instance and the appellate

Therefore, the reasoning of the judgment of the court is to delete the first instance court’s first instance court’s first instance court’s first instance court’s first instance court’s first instance court’s first instance court’s first instance court’s first instance court’s first instance court’s first instance court’s first instance court’s second instance court’s first instance court’s second instance court’s second instance court’s second instance court’s second

3. Additional determination

A. The Defendant’s additional assertion that the instant insurance contract constitutes an insurance contract which covers the death of another person as an insured event and thus requires the deceased’s written consent pursuant to Article 731(1) of the Commercial Act.

However, the signature of the offer submitted at the time of the instant insurance contract is not of the deceased.

Therefore, since the insurance contract of this case is null and void without the written consent of the deceased, the defendant is obligated to pay the insurance money to the plaintiff.

B. (1) Determination of Article 731(1) of the Commercial Act is based on the risk of gambling insurance and the insured in an insurance contract which covers the death of another person as an insured event.

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