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(영문) 서울중앙지방법원 2015.12.22 2015가단5313126

보험금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Conclusion of insurance contracts and the death of the insured;

A. (1) The Plaintiffs are married and married, and are the parents of Non-Party C.

(2) On December 9, 2011, Plaintiff B entered into an insurance contract (hereinafter “instant insurance contract”) with the Defendant Company for LIG100/SP insurance products (hereinafter “instant insurance contract”).

The insured: From January 29, 201 to December 9, 2085: Insurance money: 150,000,000 won at the time of death as a general injury: Provided, That with respect to exemption from the obligation to pay insurance money due to the death of an ordinary injury, the following provisions of the ordinary terms and conditions shall apply mutatis mutandis to the above contract:

Article 17 (Reasons for Not Paying Insurance Money) (1) The Company 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: Provided, That where the insured person has impaired himself/herself while he/she is unable to make a free decision due to mental disorder, etc., he/she shall be paid insurance money;

B. On February 18, 2015, from around 00:10 on February 16, 2015 to around 00:00 on February 16, 2015, the deceased died of the deceased’s death with his/her own title attached to his/her clothes 104 Dong-si apartment 1404, and at least 1404 Dong-si, from around 10:0 to 14:0 on February 16, 2015.

C. The heir’s claim for insurance money and the Defendants’ refusal (1) C’s heir are parents, Plaintiff A and Plaintiff B.

(2) Although the Plaintiffs claimed the Defendant to pay the insurance money based on each of the instant insurance contracts, they were rejected.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Determination as to the exemption of liability for the payment of insurance money is based on the injury of the insurance contract of this case, since the deceased's own neck was not caused by the physical defect of the deceased, but caused by external factors.