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(영문) 서울중앙지방법원 2019.10.16 2018나80614

보험금

Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay KRW 160,000,000 to the Plaintiff and its related costs from March 22, 2017.

Reasons

1. Basic facts

A. Around January 16, 2015, the Plaintiff’s spouse C (hereinafter “the deceased”) entered into a “D” contract (hereinafter “instant insurance contract”) between the Defendant and the Defendant through an insurance solicitor E, with the Deceased as the deceased, and with the beneficiary of death insurance as a statutory heir.

B. The instant insurance contract includes a security of “general injury death” with the content that, in the event the insured dies as a direct result of an injury during the insurance period, an amount of KRW 140,000,000 shall be paid to the beneficiary of the death insurance, and a security of “expenses for surgery on brain injury” with the content that, if the insured was performed within 180 days from the date of the accident due to injury, it shall be paid KRW 20,000,000,000 for the first time only when the insured was covered by the insurance contract (hereinafter “the instant insurance contract”). The provisions of the instant insurance contract are as follows.

1-1. A company under Article 1 (Grounds for Payment of Insurance Money) of the General Injury Death Clause shall pay to the insured the insurance money agreed upon to the beneficiary when any of the following events occurs to the insured:

1. General injury and death insurance proceeds: Where the following amounts are death as a direct result of the injury during the insurance period of this Special Terms and Conditions, the ordinary injury, death insurance proceeds 1-41; 1-41. The company under Article 1 (Grounds for Payment of Insurance Money) of the Special Terms and Conditions for Brain Injury and Injury Operation Expenses shall pay the insured the insurance money agreed to the beneficiary if any of the following events occurs:

1. 뇌ㆍ내장상해수술비 : 이 특별약관의 보험기간 중에 상해의 직접결과로써 「뇌손상」 또는 「내장손상」을 입고 사고일로부터 180일 이내에 그 치료를 직접적인 목적으로 “개두(開頭)수술”, “개흉(開胸)수술” 또는...