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(영문) 서울중앙지방법원 2017.06.01 2014가합571361
보험금
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic fact-finding insurance name, non-dividend spectrum insurance policyholder/insured policyholder/legal heir/B beneficiary, and other beneficiary B insurance period: 30,000 won per day of insurance premium from November 1, 2013 to November 1, 2040, insurance premium of KRW 309,050,050 per month of death insurance premium of KRW 200,000 per day of hospitalization per disease.

A. On November 1, 2013, the Plaintiff concluded an insurance contract with the Defendant and the Plaintiff’s husband B as the insured on the following terms:

(hereinafter the above insurance is referred to as the “instant insurance,” and the above insurance contract is referred to as the “instant insurance contract.”

B (hereinafter referred to as “the deceased”) died from a parous shock caused by pulmonary tuberculosis at the medical center of Incheon Metropolitan City located in 217, Dong-gu, Incheon, Dong-gu, Incheon, at around 12:00 on December 31, 2013.

C. On March 17, 2014, the Plaintiff filed a claim with the Defendant for payment of KRW 200,000,000 per day of death benefit of disease and per day of hospitalization of disease under the instant insurance contract (=30,000 won per day x 5 days of hospitalization), but the Defendant refused to pay the insurance money.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 1 (Evidence No. 1, including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Judgment as to the plaintiff's primary claim

A. 1) The Plaintiff’s assertion 1) The instant insurance contract is an insurance contract that covers the death of the deceased as an insured accident, and since the deceased, who is the insured, consented in writing at the time of conclusion of the insurance contract, the instant insurance contract is valid. Therefore, the Defendant is obligated to pay the Plaintiff, a beneficiary, insurance money due to the death of the deceased. Therefore, the Defendant is obligated to pay the Plaintiff the insurance money due to the death of the deceased. 2) The name and signature of the insured as indicated in the subscription document (No. 1-1 of the evidence No. 1-2) and the obligation to notify prior to the contract (hereinafter “instant insurance document”) prepared at the time of conclusion of the instant insurance contract, are not the signature of the deceased

B. Determination 1.

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