(영문) 대전지방법원 2017.12.07 2017가단207601

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(영문) 대전지방법원 2017.12.07 2017가단207601

보험금

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1. The Defendant: (a) KRW 100 million to the Plaintiff; (b) KRW 6% per annum from March 1, 2016 to April 10, 2017; and (c) from the following day.

Reasons

1. Basic facts

A. On July 19, 2010, the Defendant concluded a non-dividend comprehensive insurance contract (hereinafter “instant insurance contract”) with the Plaintiff, which contains the content that the Plaintiff shall pay KRW 100 million to the Plaintiff when the insured died due to a general injury.

B. C around 00:30 on January 31, 2016, 2016, on the back of the Otoba, operated the Oba, driving the Oba, leading to the fourth parking lot in the Sejong-si Park, falling away from the end of the road, and died at around 1:30 on the same day.

C. On February 25, 2016, the Plaintiff claimed insurance proceeds to the Defendant.

Article 39 of the Terms and Conditions of the Insurance Contract of this case provides that when the defendant receives required documents, such as a claim for insurance money, the insurance money for physical damage shall be paid within three business days from the date of receipt of the documents.

[Based on recognition] The items of evidence Nos. 2, 3-1, 2, and 6, and the purport of the whole pleadings

2. The assertion and judgment

A. As seen in the above facts in determining the Plaintiff’s claim, the insured B died as a general injury, barring any special circumstance, the Defendant is liable to pay the Plaintiff insurance amounting to KRW 100 million and delay damages therefrom according to the insurance contract of this case.

B. (1) The defendant's assertion that the contract is terminated and judgment (1) where the insured's assertion has changed his occupation or duties during the insurance period, or has continuously used a two-wheeled motor vehicle or motor bicycle, the policyholder or the insured shall without delay notify the defendant, and if he fails to comply therewith, the defendant may cancel the insurance contract of this case.

The insured B of the instant insurance contract notified that he did not drive the Oralba, but continued to use the Oralba for commuting at the time of Earba.

Accordingly, the defendant is obligated to notify the plaintiff after the insurance contract.

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