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(영문) 수원지방법원 2015.10.15 2015나22011

보험금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On June 3, 2003, the Plaintiff and the Defendant entered into an insurance contract with B, the beneficiary, the Plaintiff’s insurance period from June 3, 2003 to June 3, 2049, with the insurance money under the basic contract as KRW 10,000,000, and the general injury additional security clause as KRW 30,000,00, with the insurance money under the general injury additional security clause (hereinafter “instant insurance contract”).

B. B had been hospitalized at the Ansan Hospital of Korea University from March 6, 2004 to April 16, 2004 due to symptoms, such as cryptism, and received outpatient treatment until November 14, 2007. On November 11, 2009, the Seoul National Hospital received cryptism treatment, and was hospitalized at the Busan National Hospital from August 28, 2010 to December 28, 2010.

C. B: (a) on March 3, 201, the Naman-gu Incheonan-dong 5, 1385-7, 1385-7, died of the instant death due to the addiction of the carbon oxide within the bottom of the vehicle (hereinafter “instant accident”); (b) the Deceased, at the time of the discovery, was snicked with the smoke gas smell at the time of the discovery; and (c) the Deceased was killed in the same form as a man who snicked in the car with the strong string.

After the instant accident occurred, the Plaintiff filed a claim with the Defendant for the payment of insurance proceeds, but the Defendant refused to pay the insurance proceeds, and the Plaintiff filed an application for dispute mediation with the Financial Supervisory Service on May 24, 2011, but the Financial Supervisory Service notified the Plaintiff on July 27, 201 that the refusal to pay insurance proceeds cannot be deemed unfair.

E. Of the terms and conditions applicable to the instant insurance contract, the provisions pertaining to the instant accident are as follows.

(hereinafter “instant insurance clause”). Article 14 (Compensation for Damages) of the General Terms and Conditions for Life Insurance Section 1 (Compensation for Damages) provides that “The insured shall be liable to pay for losses incurred by the insured in the course of insurance.”