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(영문) 서울고등법원 2016.03.18 2015나2049994

보험금

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1. The part of the judgment of the court of first instance against the defendant shall be revoked, and the plaintiffs' primary claim corresponding to the revoked part shall be revoked.

Reasons

1. Basic facts

A. On April 14, 2006, the deceased C (hereinafter “the deceased”) entered into an insurance contract with the Defendant for non-distribution accident death (hereinafter “instant special agreement”) with the content that if the insured dies during the insurance period by making the deceased’s, the beneficiary of the deceased’s death as a statutory heir, and the beneficiary of the insurance as a life-long, the insured would be paid KRW 50 million to the beneficiary of the insurance policy (hereinafter “instant principal contract”). On the same day, the insured amount of KRW 20 million, and the non-distribution accident death agreement with the beneficiary of the insurance period until the age of 80,000 (hereinafter “instant non-distribution accident death agreement”). The Defendant paid the Defendant the insurance premium once on the same day.

B. On July 28, 2008, the Deceased committed suicide with C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of C of 208 (hereinafter “instant accident”), and the Plaintiffs, the parents of the Deceased, as legal successors, inherited one half of the

C. On August 4, 2008, the Plaintiffs claimed insurance proceeds from the instant accident to the Defendant. On August 6, 2008, the Defendant paid KRW 50 million to the Plaintiffs general death insurance proceeds under the instant main contract.

The terms and conditions of the instant prime contract and special agreement are as follows.

[Terms and Conditions of Contracts of this case] Article 14 (Types and Grounds for Payment of Insurance Money) The Company shall pay to the insured (insured) the insurance money agreed upon to the beneficiary (beneficiary) when any of the following events occurs:

1. When he/she dies during the insurance period: Amount of insurance coverage (insured events for which no insurance money is paid) (1) A company may terminate this contract at the same time as it does not pay insurance money or exempt the payment of insurance premium if any of the following events occurs:

1. The insured person shall intentionally impair himself/herself, but shall be: