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(영문) 서울중앙지방법원 2017.12.08 2017나61975

보험금

Text

1. The plaintiff's appeal is dismissed.

2. Pursuant to the conjunctive claim added by this court, the defendant is the plaintiff on 106.

Reasons

1. Basic facts

A. The Plaintiff is the mother of Cirs, and the Defendant is a corporation running insurance business.

B. On March 26, 2010, the Plaintiff concluded an insurance contract with the Defendant, including the insured, the beneficiary B, the beneficiary’s statutory heir of the death insurance money, the insured beneficiary himself, the insured beneficiary from March 26, 2010 to March 26, 2029, and the security payment of KRW 50 million in the case of general injury death, and the security payment of KRW 50 million in the case of general injury and death.

(hereinafter referred to as “the instant insurance contract” is a “general injury death security”, which provides for KRW 50 million at the time of general injury or death. The relevant content of the instant insurance contract is as follows:

If the insured under 15 years of age dies due to an accident stipulated in the terms and conditions of the contract, the contract will be terminated after the payment of the larger amount of the liability reserve and the paid-in premium.

Article 15 (Types and Grounds for Payment of Insurance Money) of the General Terms and Conditions for Undividend Turkey Insurance 1004 (Types and Grounds for Payment of Insurance Money) The Company shall pay to the insured (beneficiary) the insurance money agreed upon to the beneficiary (beneficiary) as follows, when any of the following events occurs:

(1) If an insured worker of 15 years of age or older (person subject to insurance) suffered an injury (referring to an injury inflicted on his/her body due to a sudden and unexpected accident that occurred during the insurance period, and hereinafter referred to as "injury") during the insurance period, and dies as a result of his/her direct performance (excluding death caused by a disease), he/she shall pay the beneficiary (person receiving the insurance proceeds) the total amount of the insurance proceeds as the death insurance proceeds.

C. Meanwhile, in the instant insurance contract, the insurance premium for the general injury and death security is set at KRW 1,550,000, including the general injury and death disability security.

B From 10:54 on December 2, 2015, when he was enrolled in D High School cooking and Year 1, 2015, the preparation campaign, list name, and total of 150 meters during class hours of D High School Special Class D High School.