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(영문) 서울중앙지방법원 2017.02.17 2016가합549542
보험금
Text

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

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

Reasons

1. Basic facts

A. On June 27, 2014, Nonparty C was the representative director of the ancillary Defendant as of June 27, 2014. On the same day, the ancillary Defendant concluded a injury insurance contract for Non-distribution and Fire VIP EIPN PPPPPP (hereinafter “instant insurance contract”) with the primary Defendant, an insurance company, including the following:

Contract number: The insurance period of D: The relationship between the policyholder and the insured on June 27, 2014 to June 27, 2021: The relationship between the policyholder and the insured on June 27, 201: the beneficiary of the insurance contract for injury in employment with C: the beneficiary of the insurance contract for death in an amount of KRW 1 billion

B. On March 8, 2016, 2016, the Council C received an rash for the entire face from a member subject to the imposition of “E”, and the doctor in charge took a anesthesia procedure, and after the anesthesia surgery, the doctor in charge covered the deceased’s face side, resulting in a serious stop phenomenon following the A self-confection and high blood pressure symptoms.

The Deceased transferred to a general hospital thereafter, but eventually died on the same day.

C. At the time of death, the Deceased did not have an unmarried child at the time of death, and both his parents died and succeeded to the Deceased as the shares of 1/3 of the Plaintiff, Nonparty F, and G.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 4, Eul 1, Eul 1, Eul 1, Eul 1, the purport of the whole pleadings, and the purport of the whole pleadings

2. Summary of the Plaintiff’s ground of claim

A. As to the primary defendant, the Deceased caused the death of his primary defendant by a sudden and incidental accident during the term of the instant insurance contract. The primary defendant, the insurer, is liable to pay the Plaintiff, who is one of the inheritors of the deceased, the share in inheritance (i.e., KRW 1 billion x 1/3) and damages for delay, equivalent to the share in inheritance (i.e., KRW 33,333,333 of the pertinent insurance contract).

B. If the beneficiary of the instant insurance contract against the conjunctive defendant assumes that he did not have the right to claim insurance money against the primary defendant against the plaintiff, the deceased is the beneficiary of the injury death insurance.

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