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(영문) 서울중앙지방법원 2019.05.22 2018나59917

보험금

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The plaintiff A is the deceased's spouse of the deceased E (hereinafter "the deceased"), and the plaintiff B and C are the deceased's children and their legal successors.

B. On January 17, 2012, Plaintiff A concluded an insurance contract with the content indicated below (hereinafter “instant insurance”) with the insured and the statutory inheritor as the beneficiary of the insurance.

Insurance coverage coverage amount (won) F. F. 100,000 hospitalization and medical care amount of 50,000 hospitalization and death on January 17, 2068 from January 17, 2012 to January 17, 2068

C. On October 5, 2016, around 10:40, the Deceased died of around 18:07 on the same day on the same day due to low oxygen brain damage, etc. among the following day, which was sent back to the emergency room of Busan University Hospital by the 1119 emergency squad, falling from the window of the stairs corridor between the third and fourth floors of the G Apartment-dong (hereinafter “instant apartment”).

(hereinafter “instant accident”). D.

On October 28, 2016, the Plaintiffs asserted that the death of the deceased was caused by injury, and claimed insurance proceeds under the insurance contract of this case as a beneficiary of the insurance. However, the Defendant rejected payment of insurance proceeds on the ground that the death of the deceased was caused by the intention of the insured and cannot be seen as an accident caused by the death or a free decision-making.

E. Of the general terms and conditions incorporated into the content of the instant insurance contract, the content of the instant case is as follows.

Sub-Section 3 Insurance Money, etc. (Main Obligations of the Company) 18. (The Company shall not pay insurance money if any of the following events occurs:

(1) The insured shall be liable to pay the insurance proceeds to him/her intentionally or in a state that he/she is unable to make a free decision due to mental disorder, etc.: Provided, That he/she shall pay the insurance proceeds to him/her.

[Ground for Recognition] Unsatisfy, A No. 1.