beta
(영문) 대전지방법원 2018.08.29 2016가합105200

보험금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

The basic fact is that the plaintiff is a company established with the purpose of insurance business which is allowed to run under the Insurance Business Act and related statutes.

On November 10, 2011, the Defendant entered into an insurance contract with the Plaintiff listed in the separate sheet (hereinafter “instant insurance contract”). Of the instant insurance contract’s special terms and conditions, the following contents are included in the “41. 41., the Special Terms and Conditions for the Disability Compensation (Renewal) and the “Special Terms and Conditions for the Disability Pension with 50% or more of disease (Renewal)” (hereinafter “instant special terms and conditions”).

41.Article 1 (Types and Grounds for Payment of Insurance Money) of the General Terms and Conditions for the Termination of Diseases (Types of and Grounds for Payment of Insurance Money) shall pay the insurance money agreed upon to the beneficiary (the beneficiary of the insurance money) if any of the following events occurs to the insured (the beneficiary of the insurance money).

(b) If the rate of payment specified in the Disability Classification Table is less than 80 per cent, the amount shall be paid as follows: (b) If the rate of payment specified in the Disability Classification Table is less than 80 per cent: the amount calculated by multiplying the amount of payment determined in the Disability Classification Table by the amount of insurance coverage under this Special Terms and Conditions shall be paid as the general aftermath disability insurance proceeds: Article 1 (Types and Grounds for Payment of Insurance Money) of the Special Conditions for Disability Pension (Renewal) with a disease of 50 per cent or more of the disease of the General Terms and Conditions, Article 1 (Types and Grounds for Payment of Insurance Money) of the Disability Pension (Persons Subject to Insurance) shall be the same as the

(i) If the disability payment rate set forth in the Act remains equivalent to or greater than 50 per cent, the amount of the insurance coverage stated in the insurance policy (certificate of insurance coverage) on the relevant day of the occurrence of each insurance year shall be paid in the first ten-year period only once on the basis of a final payment to the beneficiary of the disability pension (beneficiary of the insurance). Article 2 (Detailed Provisions for the Payment of Insurance Money).

참조조문