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(영문) 서울중앙지방법원 2017.09.28 2016가단5086513

보험금

Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. On July 20, 2012, Nonparty B entered into an insurance contract with the Defendant for “non-payment profais 1204” with the following content:

(hereinafter “instant insurance contract”). The insured and the beneficiary of the survival insurance: The insurance period of the Plaintiff: The insurance period from July 20, 2012 to July 20, 2059: 80% of the injury: the special terms and conditions of the disability with 100 million won (hereinafter “the special terms and conditions of injury”): the insurance amount of KRW 100 million (hereinafter “the special terms and conditions of injury”): the insurance amount of KRW 100 million (hereinafter “the special terms and conditions of disease”).

B. The disease special terms and conditions contained in the instant insurance contract stipulate the following:

1. (Types and Grounds for Payment of Insurance Money) If the insured (persons subject to insurance) stated in the Insurance Policy (Certificate of Insurance) becomes a disability whose rate of disability payment specified in the Disability Classification Table (Attached Table 1; hereinafter the same shall apply) is no less than 80% due to a disease for which the insurance period of this Special Terms and Conditions (hereinafter referred to as the "Insurance Period") has been diagnosed and determined, the Company shall pay only once the amount of insurance coverage of this Special Terms and Conditions as the insurance benefit for a disability of not less than 80% with a disease.

C. On December 2013, the Plaintiff asserted that “the Plaintiff suffered an injury to the left-hand pelle Section from the stairs, and subsequently became a condition where the pel density decline and walking is impossible due to the restriction on movement, and became a state of disability with at least 80% of the walking,” and filed a claim against the Defendant for the payment of the insurance amount of KRW 100 million according to the special terms and conditions.

In this regard, the defendant is exempted from liability because the state of the disability of the insured was caused by the disease that occurred in June 2012, and this is an accident that occurred prior to the insurance period.

'' rejected the payment of insurance money on the ground of the reasons.

[Ground of recognition] Facts without dispute, Gap evidence 1, 6 evidence, Eul evidence 2 and 3, the purport of the whole pleadings

2. Determination as to the claim for the primary insurance money