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(영문) 서울중앙지방법원 2020.10.21 2020가단5053893

보험금

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

(a) C [Attachment D (E.M., hereinafter referred to as “high person”)]

A) Around May 31, 2012, the Defendant and the “insured” entered into an insurance contract with the Defendant, which is “high person: the insurance period: from May 31, 2012 to May 31, 2078; and beneficiary of death insurance: statutory heir, general injury insurance amount: 20,000,000 won.”

B. Around October 31, 2014, the deceased entered into an insurance contract with the Defendant and “insured: the deceased: the insurance period: from October 31, 2014 to October 31, 2078; and the beneficiary of death insurance: the beneficiary: statutory heir, general injury, death, and death insurance amount due to disease: KRW 100,000, respectively.

(hereinafter referred to as "each insurance contract of this case"). C.

The plaintiff is the spouse who completed the marriage report with the deceased around August 2, 2018.

At around 16:00 on February 20, 2019, Gohap died of the neck with the line at the place where the clothes of his house were parked.

E. As a legal heir of the deceased, the mother of the plaintiff and the deceased is the mother of the deceased.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1-2 (including branch numbers), the purport of the whole pleadings

2. The parties' assertion

A. On March 2017, 201, Plaintiff Appellant was diagnosed with pulpy and fluoric fluorial dynamic disorder. On June 20, 2018, Plaintiff Appellant was diagnosed with pulphal fluor, and around June 20, 2018, there was symptoms of pulphal dynamic disorder. However, as such mental disease aggravated and died in one’s room, the Defendant is obligated to pay KRW 120,000,000, total insurance money due to the disease, death or injury as stipulated in each of the instant insurance contracts, and delay damages therefrom.

B. The terms and conditions of each of the instant insurance contracts, alleged by the Defendant, contain “the insured’s intent” on the grounds that the insured did not pay the insurance proceeds even if the insured died, and provided that “the insured shall pay the insurance proceeds if he/she has impaired himself/herself in a state that he/she cannot make a free decision due to mental disorder, etc.”