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(영문) 서울남부지방법원 2018.07.26 2016가단204848

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. 1) On August 4, 2006, the Plaintiff entered into an insurance contract with the Defendant, and as the Plaintiff, the insured, the E insurance contract with the Plaintiff for the 20-year payment period (hereinafter “instant insurance contract”).

(2) A special agreement for the death of a disaster (hereinafter referred to as “instant special agreement”) is entered into.

(2) According to the guarantee of the instant insurance contract, the Defendant also subscribed to the instant insurance contract: (i) pays the larger amount of the basic insurance proceeds, the insurance premiums already paid, and the amount accumulated on the relevant day of the immediately preceding month contract when the Plaintiff’s death or aggregate disability payment rate exceeds 80%, as insurance proceeds; and (ii) according to the instant special agreement, the Plaintiff shall pay KRW 100 million when the Plaintiff’s death or aggregate disability payment rate exceeds 80%.

3) Of the disaster classification table of the terms and conditions of the instant special agreement, the contents relating to the instant case are as follows:

1. Any of the following accidents guaranteed shall be bound by the payment of insurance proceeds in accordance with the terms and conditions of this insurance:

(2) Contagious diseases provided for in Article 2 (1) 1 of the Prevention of Contagious Diseases Act; 2. A disaster for which no insurance money is paid, shall not be excluded from the Disaster Classification in any of the following cases:

(1) Where a person who suffers from a disease or a physical handicap and has caused a minor external factor or the symptoms thereof worse, as follows. < Amended by Presidential Decree No. 20190, Feb. 1, 201; Presidential Decree No. 20135, Feb. 1, 201; Presidential Decree No. 20135, Feb. 1, 201; Presidential Decree No. 2010, Feb. 2, 201; Presidential Decree No. 20135, Feb. 2, 201; Presidential Decree No. 2010, Feb. 2

B. The Plaintiff’s disease history, the outbreak and treatment of beer and beer, etc., from before 2014.