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(영문) 서울중앙지방법원 2018.01.11 2016가단5305450

보험금

Text

1. The Defendant: (a) KRW 75 million for each of the Plaintiffs; and (b) 5% per annum from August 1, 2016 to January 11, 2018; and (c).

Reasons

1. Facts of recognition;

A. On July 15, 2011, D entered into an insurance contract (E) with the Defendant and the insured as legal heir D, and with the beneficiary as legal heir, which provides insurance amounting to KRW 150 million in the event of the death of a general injury (E).

(hereinafter “instant insurance contract”). (b)

Article 17(1)1 of the terms and conditions of the instant insurance contract are as follows.

Article 17 (Reasons for Not Paying Insurance Money) (1) A company (Defendant) shall not prevent insurance money when any of the following events occurs to cause the payment of insurance money:

1. The insured person's intention or intention: Provided, That when the insured person has impaired himself/herself in a state that he/she is unable to make a free decision due to mental disorder, etc., he/she shall pay the insurance proceeds and bed;

C. D On April 8, 2016, he/she was in charge of the ultra-presidential stopology and monmon injection.

Since May 18, 2016, D was diagnosed by the Furology and friendly disorder at the Furology and the medical clinic, and received treatment from the Gurology and the medical clinic on May 20, 2016 and May 24, 2016, from the Gurology and the medical clinic on May 25, 2016 and May 27, 2016, from the Hurology and the medical clinic on May 27, 2016, from the Iurology and the medical clinic on June 1, 2016 and on June 3, 2016 (17 daily total).

D On June 3, 2016, 2016, 14:26 On the day she received medical treatment from a medical clinic of G mental department and died after being administered on the sixth floor of the Seo-gu Daejeon Daejeon J building.

(hereinafter referred to as “D.” The Plaintiffs were the parents of the Deceased, and thereafter, claimed the Defendant for the general injury death insurance money under the instant insurance contract.

[Evidence] Facts without dispute, Gap 1-16 Evidence, the purport of the whole pleadings

2. The parties' assertion

A. Since the deceased died in a state where he could not make a free decision due to depression, the defendant is obligated to pay the insurance money under the insurance contract of this case to the plaintiffs.

B. The Defendant cannot make free decisions by the deceased.