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(영문) 서울중앙지방법원 2017.04.12 2015가단5360955
보험금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. From May 16, 2013, the Plaintiff and the Defendant, an insurance company, determined the period from May 16, 2013 to May 16, 201, as follows: (a) the contract holder, the insured Party B (hereinafter “the deceased”), the beneficiary, the Plaintiff’s insurance premium of KRW 149,950, and the insurance period from May 16, 2013 to May 16, 2063; (b) the special agreement on security for death (e.g., renewed the insurance period where the insured dies of a disease) that requires payment of KRW 40,00,00 to the Plaintiff during the insurance period of the insurance agency; and (c) the comprehensive insurance period from May 16, 2013 to May 16, 2016 to the integrated insurance period of KRW 20,000,000 to the Plaintiff under a special agreement for security for death (i.e., c., the average insurance contract of KRW 30160,01.

B. The Deceased died on August 15, 2015 due to the inter-sculmatization.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. Determination

A. Since the Deceased’s death as to the cause of the claim died in light of liveration, the Defendant, a beneficiary, is obligated to pay the Plaintiff a total of KRW 190,000,000 (= KRW 20,000,000,000) and its delay damages as stipulated in each of the above insurance contracts agreements, barring any special circumstance.

B. The defendant's defense, etc. is not the deceased's signature on the written signature column of the insurance contract of this case. Thus, the defendant's defense that the special agreement of each of the above insurance contracts is invalid without the consent of the insured as stipulated in Article 731 (1) of the Commercial Act.

An insurance contract which covers the death of another person as an insured event shall be concluded.

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