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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. Basic facts
A. On February 22, 2013, the Plaintiff entered into an insurance contract with the Defendant that guarantees the Plaintiff’s insurance period from February 22, 2013 to February 22, 2010 to cover medical expenses, etc. incurred by injury or disease (hereinafter “the instant insurance contract”).
B. In the instant insurance contract, the beneficiary was designated as a legal heir of C and C, and C had included an injury security agreement to pay KRW 110 million of the insurance proceeds when the beneficiary died due to an injury accident before the age of 100.
C. C, on June 15, 2014, around 03:35, 03:35, and died as a traffic accident, where the vehicle flapics the vehicle, and the vehicle flapics the vehicle flapics the vehicle.
C The legal inheritor is the mother and the father E.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Gap evidence No. 5-1 through 5, the purport of the whole pleadings
2. Determination as to the claim for insurance money (main claim)
A. Since the insured event of the Plaintiff’s assertion that is the insured of the instant insurance contract occurred due to a traffic accident by C, which is the Plaintiff, the Defendant is obligated to pay 5 million won (10 million won x 1/2) insurance proceeds equivalent to the Plaintiff’s inheritance shares among the beneficiaries.
B. Although the Defendant’s assertion that the instant insurance contract was concluded without C’s written consent despite the death of the insured C as an insured event, it is null and void. Thus, the Defendant is not liable to pay insurance money in relation to C’s death.
C. 1) Article 731(1) of the Commercial Act provides that “The insurance contract which covers the death of another person as an insured event shall obtain the written consent of the other person at the time of conclusion of the insurance contract.” This is a mandatory law, and thus an insurance contract concluded in violation of the above provision is null and void (see Supreme Court Decision 96Da37084, Nov. 22, 1996). Furthermore, Article 731(1) of the Commercial Act provides that the death of another person.