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(영문) 서울고등법원 2015.01.14 2014나2028327
보험금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The plaintiffs' selective claims added in the trial are all the selective claims.

Reasons

1. The plaintiffs allegedly, selectively, ① the plaintiffs and C with the plaintiffs are obligated to pay KRW 100,000,000 as insurance money with the defendant on September 18, 2012, and two insurance contracts with the "Class 2 of the Undividending Health Insurance (1029)". Each of the above insurance contracts requires C to pay KRW 100,000 as insurance money if C dies. Since C fell from stairs within the insurance period of each of the above insurance contracts and died on January 15, 2013, which are within the stairs of each of the above insurance contracts, the defendant is obligated to pay KRW 100,00,00 as insurance money to the plaintiffs who inherited the property as C's heir and delay damages therefrom, ② The defendant's insurance planner is obligated to explain that it is necessary to obtain written consent from C to conclude each of the insurance contracts with the policyholder for death of another person, and each of the above insurance contracts should be invalidated by the defendant under Article 15 (1) of the former Insurance Business Act (amended by Act No. 1015).

2. Determination

A. In full view of the overall purport of the arguments as to the plaintiffs' assertion Nos. 1 through 5, the plaintiffs' assertion that C fell from the stairs of his own house on Jan. 15, 2013 and died from an excessive outflow due to double wave. The plaintiffs are the legal heir who inherited C's property 1/2 shares as C, and the two types of insurance contracts of non-distribution health insurance (1029). (hereinafter "each insurance contract of this case").

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