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(영문) 인천지방법원 2019.05.24 2018가합52180 (1)

보험금

Text

1. The defendant,

A. Plaintiff A: 22,090,896 won, Plaintiff B, C, D, and E respectively, and each of the said money, respectively. < Amended by Act No. 14,727,258 won, and each of the said money. 2019.

Reasons

1. Basic facts

A. Status 1) The Plaintiffs are the deceased G (hereinafter “the deceased”).

As the heir of the deceased, the plaintiff A is the spouse of the deceased, and the children of the plaintiff B, C, D, and E are the children of the deceased. 2) The defendant is an insurance company that entered into a H insurance contract with the deceased.

B. 1) On October 28, 1997, the Deceased concluded a H insurance contract (securities number: I; hereinafter “instant insurance contract”) between the Defendant and the Deceased, with the period of coverage from October 28, 1997 to October 28, 2017.

(2) The terms and conditions of the instant insurance contract (hereinafter referred to as the “instant insurance terms and conditions”) include the content of ensuring that the insured will pay the ordinary disability pension of KRW 1,50,000 per month for 10 years (120 times) when he/she becomes a disability of Grades 1 and 2 attached Table 5 of the said insurance terms and conditions (hereinafter referred to as the “instant disability classification table”) due to a traffic accident other than that occurred during the ordinary day of the insurance period.

Article 14 (Grounds for Payment of Insurance Money) (1) A company shall pay the insurance money agreed upon to the beneficiary (see attached Table 1 of the Standards for Payment of Insurance Money) in any of the following cases:

14. When the insured suffers a disability of Grades I through II in the table of disability classification due to a disaster other than a traffic accident that occurs during his/her usual days: The insured shall pay a general disability pension.

However, if the condition of the disability occurs in the same part of the body, only the disability pension or disability benefit corresponding to the highest grade is rare.

(11) The disability pension under subparagraphs 10, 12, 14, and 16 of paragraph (1) shall be filed at the request of a beneficiary.