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(영문) 서울중앙지방법원 2015.09.11 2013가합541912

보험금

Text

1. The Defendant shall pay to the Plaintiff KRW 110,00,000 as well as 20% per annum from September 24, 2013 to the day of full payment.

Reasons

1. Basic facts

A. B, around October 8, 2010, between the Defendant and the Defendant, concluded an insurance contract with the Defendant that sets the insurance period from October 8, 2010 to October 8, 2015, with the beneficiaries of the insured and the deceased, as legal heir, and entered into an insurance contract that covers non-dividend dividends insurance (LIG) with the Defendant.

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

In the instant insurance contract, where the insured dies due to a general injury during the insurance period, the content that the Defendant shall pay KRW 110,000,000,000, including the sum of KRW 30,000 (basic contract) and KRW 80,000,000, which is the subscription amount, to the insured.

C. Article 15(1) of the General Terms and Conditions of the instant insurance contract provides that the amount of the insurance coverage shall be paid to the beneficiary as a general injury death insurance premium in the event that the insured dies as a direct result of an injury (an injury inflicted upon his/her body due to a sudden and unexpected accident that occurred during the insurance period) after the age of 15 (excluding death caused by a disease) during the insurance period (excluding death caused by a disease).

In addition, Article 2 of the General Injury Death Clause provides that if the insured dies as a result of a direct result of an injury (any injury caused by a sudden and unexpected accident that occurred during the insurance period) during the insurance period (excluding death caused by a disease), the total amount of the insurance coverage amount shall be paid to the beneficiary as the general injury death insurance amount.

B On January 7, 2013, at around 10:20 a.m., hot water was discovered after being accumulated in a bath room in the dwelling area and died.

E. The Plaintiff is the sole heir of the deceased B (hereinafter “the deceased”).

[Ground of recognition] The items of evidence Nos. 1-1, 2, 3, 12-6, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion may cause the impairment of the blood cycle by the deceased diversing the diversing and diving of heavy water.