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(영문) 서울중앙지방법원 2019.04.18 2018가합1822

보험금 청구의 소

Text

1. The Defendant’s KRW 270,000,000 as well as 5% per annum from April 5, 2018 to April 18, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 7, 2017, the Plaintiff entered into an insurance contract in the separate sheet (hereinafter “instant insurance contract”) with the Defendant on February 7, 2017, and added the amount of subscription to KRW 100,000,000 as the content of the said insurance contract, such as a special agreement on security for death of causes causing 10,000,000 won, and a special agreement on security for death of causes 160,000,000,000 won.

B. Of the general terms and conditions and special terms and conditions of the instant insurance contract, the contents relating to the instant case are as follows.

Article 2 (Definition of Terms) of the General Terms and Conditions (Definition of Terms and Conditions) The definitions of terms used in this Agreement shall, unless otherwise defined in other provisions of this Agreement, be as follows:

2. The term "reasons for payment" refers to bodily injury inflicted upon a person due to a sudden and incidental accident that occurred during the period of coverage;

Article 3 (Grounds for Payment of Insurance Money) (1) Where an insured person dies as a direct result of an injury during the insurance period or as a result of a disability classification table (see attached Table 1), the respective disability payment rate specified in the disability classification table (see attached Table 1) is at least 80%, the company shall pay the following amount as insurance money to the beneficiary

Amount of insurance proceeds paid by kind;

1. Where a person dies of an insurance contract for death or injury, the amount of insurance coverage (negative) refers to the amount stated in the insurance policy as the standard amount of insurance money to be paid by the insurance company upon occurrence of an insurance accident;

Article 5 (Grounds for Not Payment of Insurance Money) (1) A company shall not pay insurance money when any of the following causes for the payment of insurance money occurs:

1. The insured has intentionally impaired himself/herself: Provided, That he/she shall be paid insurance proceeds if the insured has impaired himself/herself under the condition that he/she is unable to make a free decision due to mental disorder

Article 1 (Grounds for Payment of Insurance Money) (1) of the Special Terms and Conditions for Death Guarantee.