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(영문) 광주지방법원 2016.06.15 2016가단4421

보험금지급

Text

1. The plaintiffs' claims against the defendant are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. C (hereinafter “the deceased”) is a policyholder and insured who entered into an insurance contract with the Defendant, and the Plaintiff A is the father of the Deceased, and the Plaintiff B is the mother of the Deceased, who is the legal inheritor of the Deceased.

B. On June 9, 2010, the Deceased concluded a dance insurance contract with the Defendant (hereinafter “instant insurance contract”) and with the Defendant, which read “40,000,000 won for death of a disaster: 40,000 won for death of a beneficiary: statutory heir, insurance maturity: June 9, 2068.”

C. Of the insurance terms and conditions of the instant insurance contract, the part relating to the instant case is as follows.

(A) Article 16 (Types and Grounds for Payment of Insurance Money). The Company shall pay the insurance money agreed upon to the beneficiary (person receiving the insurance money) (see attached Table 1) when any of the following events occurs to the insured (person receiving the insurance money).

1. Where an insured person (person subject to insurance) dies due to a disaster or becomes disabled person with at least 80% disability by adding the rate of disability payments for various parts of the same disaster in the table of disability classification (refer to attached Table 3): A company which does not pay the insurance proceeds for death of a disaster shall not pay the insurance proceeds or exempt the payment of the insurance premiums when a ground for paying the insurance proceeds occurs due to any of the following cases:

1. Where the insured (person to be insured) intentionally damages himself/herself: Provided, That the same shall not apply to any of the following cases:

Where an insured person (person subject to insurance) has impaired himself/herself in a state that he/she is unable to make a free decision due to mental disorder, etc. and where the insured person has harmed himself/herself in a state that he/she cannot make a free decision due to mental disorder, etc., the death insurance amount resulting from disaster shall be paid