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(영문) 창원지방법원통영지원 2016.08.23 2015가단24187

보험금

Text

1. The defendant shall pay to the plaintiff A KRW 30,00,000, and KRW 20,000,000 to the plaintiff C, and each of them shall be repaid from September 23, 2015.

Reasons

Basic Facts

The plaintiffs are the deceased D's legal successors, and the defendant is the insurance company of the non-dividend accident insurance (hereinafter "the insurance of this case") that the deceased purchased on May 15, 2009.

The main contents of the instant insurance are as follows.

The name of insurance product: policy holders of the New D Contract and the insured: The monthly insurance premium from May 15, 2009 to May 15, 2045 (36 years): 30,000 won in the case of general disaster death: Upon death of KRW 50,000: the heir of the deceased, around 16:00 on October 9, 2014, at his own house of the deceased, had his house after the heading a beer with the main half at his own house of the deceased on October 16:35, 2014, the heir discovered a large range of approximately 10,000 square meters in the shape of approximately 576 meters away from 10,000 square meters away from 16:0,000.

(hereinafter “instant accident.” On May 18, 2015, the Plaintiffs notified the Defendant of the instant accident and claimed insurance proceeds. However, the Defendant refused the payment of insurance proceeds on the ground that “the insured person (beneficiary) intentionally damaged himself/herself according to the terms and conditions of exemption (hereinafter “instant terms and conditions of exemption”) constituted the exemption from liability, and returned the insurance premium already paid to him/her.

Article 20 [Insurance Accidents for which No Insurance Money is to be paid] (1) The Company may terminate this contract at the same time as it does not pay insurance money or exempt the payment of insurance premium when any cause for the payment of insurance money occurs in any of the following cases:

1. Where the insured has intentionally impaired himself/herself: Provided, That he/she has impaired himself/herself under the condition that the insured is unable to make a free decision due to mental illness, etc.;