beta
(영문) 청주지방법원제천지원 2019.06.12 2017가단20391

보험금

Text

1. The plaintiff's respective claims against the defendants are dismissed.

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

Reasons

1. Basic facts

A. A. Around March 14, 2012, Defendant B Co., Ltd. (hereinafter “Defendant B”) entered into a contract with the E Co., Ltd. (hereinafter “Defendant B”) including the content that the Defendant B would receive KRW 100,000,000 upon death due to a general injury (hereinafter “instant Type 1 insurance”).

The contract term of the instant 1 insurance is from March 14, 2012 to March 14, 2068, and the insured is D, and the beneficiary of the instant 1 insurance is a father of D at the time of death.

The terms and conditions of the instant 1 insurance are as follows.

Special Terms and Conditions

3. In the event that the insured dies as a result of the direct result of an injury (referring to an injury inflicted on his/her body due to a sudden and unexpected accident that occurred during the insurance period; hereinafter referred to as "injury") during the insurance period of this Special Clause, the company shall pay the full amount of the insurance coverage amount of this Special Clause to the beneficiary (the beneficiary of the insurance amount, and the heir of the insured if there is no designation of the beneficiary) with the general injury death insurance amount.

The company under Article 17 of the General Terms and Conditions shall not pay insurance proceeds when any of the following events occurs to cause the payment of insurance proceeds:

An insured person shall be paid insurance proceeds when the insured has impaired himself/herself in a state that he/she cannot make a free decision due to mental disorder, etc.;

B. Around December 11, 2014, D entered into a contract with the Defendant C Co., Ltd. (hereinafter “Defendant C”) and the Defendant C Co., Ltd. (hereinafter “Defendant C”) for insurance proceeds of KRW 100,000 upon death (i.e., KRW 90,000,000 under a basic contract) (i.e., KRW 10,000 under a special agreement on KRW 10,000 under a basic contract).

The contract term of the instant 2 insurance is from December 11, 2014 to December 11, 2029, the insured is D, and the beneficiary at the time of death of D is GD.