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(영문) 대구지방법원상주지원 2013.02.06 2012가단3561
보험금
Text

1. The Defendant shall pay to the Plaintiff KRW 24,697,126 and the interest rate of KRW 20% per annum from September 28, 2012 to the day of complete payment.

Reasons

(1) On December 12, 2006, the Plaintiff entered into an insurance contract with the Defendant on the attached list with the Plaintiff, the insured, the deceased, and the beneficiary as the legal heir of the insured. At the time of entering into the said insurance contract, the deceased’s occupation was a university student.

(Vocational Water Supply Class 1) On May 20, 2012, on or around 05:32, 2012, the deceased died as a single accident due to a violation of the duty of safety driving, while driving C class III at a point below the Busan 92.13km (Dong Daegu) located in the New-dong, Daegu, Daegu, Daegu, Busan (Dong Daegu) Highway. At the time of the occurrence of the above accident, the deceased was engaged in the manufacturing industry.

(Vocational Water Supply Class 2). On June 4, 2012, the Plaintiff filed a claim with the Defendant for the payment of insurance money based on the said insurance contract, but the Defendant received an interim report from a certified damage adjuster on August 13, 2012, and on August 13, 2012, the Defendant terminated the said insurance contract in accordance with Articles 25(1) and 26(1)2 of the Terms and Conditions as to the duty to notify after concluding the contract, and paid 24,697,126 won as insurance money to D (child), the legal heir of the deceased (child), the Plaintiff (child), and E (spouse) in accordance with Article 25(4) of the Terms and Conditions.

D and E transferred the right to claim insurance money based on the above insurance contract to the Plaintiff on August 21, 2012, and notified the Defendant of the transfer at that time.

【The grounds for recognition 【Evidences 1 through 8, 1 through 3 (including the number of pages), 2. (2) The insurance clauses related to the insurance clauses (Articles 25 and 26) are as shown in the attached Form

(No. 5). (3) The plaintiff's assertion: At the time of the conclusion of the above insurance contract, there was no explanation from the defendant about Articles 25 and 26 of the terms and conditions of this case, and the termination of the defendant is null and void since the plaintiff's claim for insurance money by clarifying the deceased's occupation, and the termination period of the above terms and conditions is one month after the termination

Defendant: Such matters are general and common in transactions, or are repeated and subsidiary to what is prescribed by the law.

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