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(영문) 서울중앙지방법원 2017.12.07 2016가단5127353

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. C (1975) entered into a family love insurance contract (0804) with the Defendant on June 4, 2008 and paid the first insurance premium to the Defendant around that time. Around that time, C (1975) entered into a family love insurance contract with a beneficiary C, a beneficiary of death insurance, a statutory heir of the beneficiary, the insurance period from June 4, 2008 to June 4, 2055, and one million won for general injury and death (hereinafter “the first insurance contract”).

The provisions relating to this case in the insurance terms and conditions of the first insurance contract are as follows:

Article 13 (Compensation for Loss) (1) If the insured has suffered bodily injury (excluding physical assistance equipment, such as acceptance, doubt, bill, rule, etc.) due to a sudden and incidental accident (hereinafter referred to as "accident") during the insurance period, the company shall compensate for the damage resulting from the injury (hereinafter referred to as "damage") in accordance with this Clause.

Article 14 (Compensation for Non-Compensation) (1) The Company shall not pay compensation for any loss arising from the following causes:

1. The intention of the insured;

4. Self-injury by the insured, suicide, attempted suicide, criminal act under the Criminal Act or act of violence (Provided, That if it is recognized as self-defense under the Criminal Act, emergency evacuation, or legitimate act, compensation shall be made for it);

6. If the insured has suffered an injury due to an accident prescribed in Article 13 and died as a result of the accident, the company shall pay the beneficiary the full amount of the purchase of the insurance stated in the insurance policy to cover the death insurance money, if the insured has died within two years from the date of the accident.

B. On June 11, 2012, C and the Defendant: (a) the insured; (b) the beneficiary’s statutory heir of the beneficiary of the death insurance; (c) the insurance period from June 11, 2012 to June 11, 2055; and (d) the Family Love Insurance flus (1204) the amount of the insurance policy to cover the undividendd amounting to KRW 100,000,000,000,000,000 won.

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