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(영문) 수원지방법원 2014.12.02 2014가합1334

보험금지급확인

Text

1. The plaintiff's main claim is dismissed.

2. The Defendant’s KRW 2,403,120 and its relation to the Plaintiff from June 5, 2011.

Reasons

1. Basic facts

A. On October 2, 2003, the Plaintiff entered into a contract with the Defendant (the competent authority: the Defendant’s office) on October 2, 2003, under which the deceased was the insured and entered into a disaster relief insurance (hereinafter “instant insurance”) with the following terms. At the time of entering into the said contract, the deceased, as the insured, did not sign and seal on the column for signature in the insurance contract, or did not consent in writing with respect to the conclusion of the said contract:

⑴ 보험종류 : 재해안심만기보험 ⑵ 만기일자 : 2023. 10. 2. ⑶ 보험기간 : 20년 ⑷ 보험료 : 26,200원 ⑸ 납입방법 : 월납 (10년) ⑹ 보험계약자 : 원고 ⑺ 주피보험자 : 망인 ⑻ 수익자 - 만기생존 : 원고 - 입원장해 : 망인 - 사망시 : 법정상속인 ⑼ 보장내용 - 휴일재해사망금 (휴일재해로 사망시) : 5000만 원 - 평일재해사망금 (평일재해로 사망시) : 3000만 원 - 사망급부금 (재해 이외의 원인으로 사망시) : 기납입보험료 - (기타 내용 생략)

B. On June 4, 2011, the Deceased was found to have been seriously decomposed and died near the river route of the F Village bus stops located in Gwangjin-gun, Jeonnam-gun, Seoul-gun, on June 13:30, 201, when the decedent was living together with the mother and the mother of the deceased was living together in the same place. On June 4, 2011, the situation where the decedent returned home at around 13:00, which was observed by village residents, and the movement is not clear after being observed by village residents.

C. Of the terms and conditions of the instant insurance, the part relating to the instant case is as follows.

Article 12 (Types and Grounds for Payment of Insurance Money) (1) A communications agency shall pay the insurance money agreed upon to the beneficiary when any of the following events occurs to the insured during the period of insurance:

2. The insurance proceeds of ordinary daily death: It shall be caused by the disasters (hereinafter referred to as the "disaster") as provided for in the attached Table 2 (Disaster Classification Table) that occur on Week.