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(영문) 부산지방법원 2015.09.02 2014가합53182

약정금

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1. As to the insured events described in attached Form 1, the insurance contract against the plaintiff shall be based on attached Form 2 against the defendant.

Reasons

1. Basic facts

A. On March 30, 2010, the Plaintiff, an insurance company running various non-life insurance business, concluded an insurance contract listed in attached Form 2 (hereinafter “instant insurance contract”) with B and the insured as the Defendant (hereinafter “the deceased”) and the beneficiary of the death benefit as the Defendant.

B. On June 7, 2014, the Deceased died as an insured incident, such as the attached Form No. 1 (hereinafter “instant accident”).

C. Accordingly, on July 18, 2014, the Defendant filed a claim against the Plaintiff for the payment of insurance proceeds, but the Plaintiff refused the payment of the insurance proceeds on the ground that it constitutes grounds for the exemption of liability under Article 14-3(3)1 of the insurance terms and conditions of the instant insurance contract (hereinafter “instant insurance terms and conditions”).

Article 14(3)1 of the Insurance Terms and Conditions of this case provides that “The insured shall not compensate for any loss incurred during the insured’s professional light team (referring to a light that, using professional light equipment, misleads the wall or ice walls or requires special skills, experience, and advance training) for the purposes of occupation, duties, or club activities, such as writing adjustment, scood ice, scood ice, crowdfunding, or any other dangerous activity similar thereto.” (hereinafter referred to as the “instant exemption clause”).

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the instant accident occurred during the course of the Deceased’s activities for the purpose of club activities, and is not obligated to pay insurance money in accordance with the instant exemption clause.

B. The Defendant’s assertion (1) The instant exemption clause violates Article 6(1) and (2) of the Act on the Regulation of Terms and Conditions (hereinafter “Standard Contracts Regulation Act”), and without good cause, limits the scope of the Plaintiff’s damage compensation or the risks to be borne by the Plaintiff to customers.