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(영문) 서울중앙지방법원 2017.02.14 2016가단5050644

보험금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff’s childbirth and insurance contract B concluded on October 16, 2007 that gave birth to the Plaintiff.

B On January 18, 2008, between the Defendant and the Defendant, the Plaintiff entered into a “non-dividend Medif’s children insurance contract” with the Plaintiff as the insured.

The above insurance contract does not cover the "living fund of the patient suffering from a disease (class 1 and 2)".

B. On December 6, 201, B entered into a refund contract with the Defendant, through the Defendant’s insurance solicitor C, concluded the said child insurance contract with the Defendant as “non-dividend Samsung Fire and Health Insurance New Age Health Partnership” (hereinafter “instant insurance contract”) (hereinafter “instant insurance contract”).

The instant insurance contract provides that the insured, the beneficiary of insurance proceeds other than death, the Plaintiff’s insurance period from December 6, 201 to December 6, 2017, and the monthly payment of KRW 50,000 is KRW 50,00,00, and the “living fund (Grade 1 and 2)” guarantees the subscription amount of KRW 30 million.

According to the aforementioned special terms and conditions, the insured is obliged to pay KRW 30 million to the insured for the first ten-year period only once when he/she becomes a person with a disability of intellectual disability under the Act on Welfare of Persons with Disabilities, and the first ten-year period only when he/she becomes a person with a disability of Grade I or II.

C. On May 4, 2012, the Plaintiff entered into a disability examination and modified contract, and received a determination of a disability grade 1 with a intellectual disability grade.

B on August 20, 2012, the instant insurance contract entered into a modified contract with the content that the subscription amount as security for living expenses (class I and II) was KRW 20 million, and the monthly payment was reduced to KRW 35,000,000.

On December 12, 2013, the Plaintiff and B entered into a contract to change “beneficiary of insurance money other than death” to B.

(hereinafter referred to as the “instant change agreement”) of the contract finally modified as seen above [based on recognition] did not dispute, Gap 2, 3, 5 evidence, Eul 1, and Eul 1.

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