beta
(영문) 서울중앙지방법원 2020.06.25 2019가단5004277

보험금

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On May 2013, the deceased D (hereinafter “the deceased”) entered into an insurance contract with the Defendant with the content that the deceased, the legal heir of the beneficiary upon the death of the deceased, the legal heir of the beneficiary, the insurance amount of KRW 50 million upon the death of the insured, and the insurance period from May 28, 2013 to May 28, 2060 (hereinafter “instant insurance contract”).

The provisions relating to this case among the insurance clauses included in the insurance contract of this case are as follows.

Article 1 (Types and Grounds for Payment of Insurance Money) of the Special Terms and Conditions for the Guarantee of Death of the Insured (Types and Grounds for Payment of Insurance Money) ① If the Insured dies as a direct result of an injury during the insurance period of this Special Terms and Conditions, the Insured is paid as insurance money to the beneficiary

Article 3 (Reasons for Not Payment of Insurance Money) The reason for not Payment of Insurance Money under this Special Agreement shall be in accordance with Article 18 of the General Terms and Conditions.

Article 16 of the General Terms and Conditions (Types and Grounds for Payment of Insurance Money) (4) The term "injury to a contract" means an injury sustained by a person due to a sudden and incidental accident that occurred during the period of insurance.

Article 18 (Reasons for Not Paying Insurance Money) (1) A company shall not pay insurance money when any of the following events occurs to cause the payment of insurance money:

1. The insured's intentional intent: Provided, That where the insured has impaired himself/herself in a state that he/she cannot make a free decision due to mental disorder, etc., he/she shall pay insurance proceeds;

B. On April 1, 2018, around 14:17, the Deceased discovered that he was in the state of being hidden with her neck by using the KON in the E apartment Fyptoco gate located in Ansan-gu, Ansan-si, the residence of the Deceased.

C. The plaintiff A is the deceased's wife, and the plaintiff B is the deceased's child.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 3, 9, and 10, the purport of the whole pleadings

2. The parties' assertion

A. The gist of the plaintiffs' assertion is as follows.