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(영문) 울산지방법원 2020.11.05 2020가합12093

보험금

Text

The plaintiffs' claims against the defendants are dismissed in entirety.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. Plaintiffs A, B, C, D, E, and F are the son or son of the J on December 5, 2019, and Plaintiff G is the son of the J.

B. On September 5, 2014, the J entered into an insurance contract with Defendant I Co., Ltd. (hereinafter “Defendant I”) with the content that the policyholder and the insured would be J, the insurance proceeds of the disaster death, KRW 200 million, and the beneficiary of the death would be the Plaintiff G (hereinafter “instant I insurance contract”).

Of the insurance terms and conditions of the instant I insurance contract, the part relating to the instant case is as follows.

【Bodily Injury Death Clause】

4. (Provisions Applicable Mutatis Mutandis) Unspecified matters in this Special Terms and Conditions shall be at the risk of complying with the General Terms and Conditions.

provided, however, that this special terms and conditions provide for in general terms and conditions

9. (Payment of Refund for Accumulation) No refund shall be paid or any early withdrawal from the Fund of 36. (Advance Withdrawal).

[Ordinary Terms and Conditions]

5. (Grounds for Not Payment of Insurance Money) A company shall not pay insurance money in any of the following cases if a cause for the payment of insurance money arises, and shall not apply the exemption from the payment of insurance money set out in 26-1. (Exemption from Payment of Insurance Money).

(1) The insured has intentionally impaired himself/herself: Provided, That in cases where the insured has become himself/herself in a state that he/she is unable to make a free decision due to a mental disorder, etc.,

C. On February 28, 2019, the J concluded with Defendant H Co., Ltd. (hereinafter “Defendant H”) an insurance contract (the name of the goods: L insurance) with the content that the policyholder and the insured would be the legal heir at the time of death, and that the beneficiary would be the legal heir at the time of death (hereinafter “instant H insurance contract”).

Of the terms and conditions of the H insurance contract of this case, the part relating to this case is as follows.

Article 5. The reason for the payment of insurance proceeds shall be the insurance proceeds agreed upon to the beneficiary if any of the following causes occurs: