공제금 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. A. A mutual aid contract (1) On March 28, 2014, the Plaintiff entered into a mutual aid agreement with the Defendant on the part of B, a mutual aid solicitor for the Defendant’s mutual aid.
Under consultation with B, the Plaintiff is the contractor and the beneficiary, and the Plaintiff took the method of signing in the name of C in the mutual aid agreement for business convenience.
After signing a mutual aid agreement in the name of C, the Plaintiff, after making a mutual aid agreement to C, signed directly by the Defendant’s employee on the phone at the time of suspicion that he/she had made a mutual aid agreement to C.
D. C was justified, and C accepted it.
In the mutual aid contract, the mutual aid amount of 80,000,000 won and the beneficiary of the mutual aid money were determined as the plaintiff.
The main contents related to this case among the insurance clauses applicable to mutual aid contracts are as follows.
Article 25 (Mutual Aid Event which does not Pay Mutual Aid) The Federation shall not pay Mutual Aid Fund when any of the following events occurs to cause the payment of Mutual Aid Fund, and shall not exempt the payment of Mutual Aid Fund:
1. Where the beneficiary intentionally damages himself/herself: Provided, That in cases where the beneficiary (the beneficiary) has harmed himself/herself under a condition that he/she is unable to make a free decision due to mental disorder, etc. and thereby has caused the death of him/her due to the "disaster other than traffic disaster", the beneficiary shall be paid the general disaster death mutual aid amount as referred to in Article 23 (Types and Grounds for Payment of
(2) As C suffers from depression, C was provided four times from August 10, 2013 to November 30, 2013, which was before the mutual aid contract, and was prescribed for a total of 106 days from the hospital.
However, during the last five years, the Plaintiff received medical practice such as hospitalization, surgery, medical treatment for at least seven consecutive days, and medication for at least 30 consecutive days through a medical examination or examination from a doctor, among the “matters to be known before the contract” in the mutual aid contract subscription form.