logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2019.09.27 2019나2020250
보험금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: the witness of the first instance court's 4th trial's 5th trial's 'the witness of the first instance court'; the third 'this court' is respectively dismissed from the same side as the witness of the first instance court'; and the third 'this court's 'the first 'the court's 'the court's 'the first 'the court's 'the court's 'the first 'the court's 'the court' is added.

2. Determination on addition

A. As seen in the above cited part of the judgment on the grounds of appeal, it is difficult to view that D has granted C the right to written consent to the conclusion of the insurance contract at the time of entering into the instant insurance contract individually, and thus, it is contrary to this or on a different premise, the Plaintiff’s assertion on the grounds of appeal is rejected.

B. The Plaintiff’s conjunctive assertion as to the addition of the first instance trial is the first instance court’s determination on the existence of an additional claim under Article 102(1) of the Insurance Business Act (including an insurance solicitor belonging to the insurance agency)

(ii)in addition to claims that there is liability under this solicitation for damage to the policyholder when making the solicitation, as well as liability for compensation.

In concluding an insurance contract which covers the death of another person as an insured event, an insurance solicitor has the duty of care to make the policyholder be given an opportunity to satisfy the requirements such as the written consent of the insured and take measures to establish the effective insurance contract. If an insurance solicitor is not given such explanation due to defects in the above requirements, and as a result, the insurance contract becomes null and void due to the failure of the above explanation, and if the policyholder is not paid the insurance money despite the occurrence of the insured events, the insurer is liable to compensate the policyholder for the loss equivalent to the insurance money in accordance with Article 102(1) of the Insurance Business Act.

arrow