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(영문) 서울중앙지방법원 2016.06.07 2015가단5363268

보험금

Text

1. On February 15, 2014, the Defendant: (a) against Plaintiff A, KRW 120 million; and (b) against Plaintiff B, KRW 80 million; and (c) against each of the above amounts.

Reasons

1. Facts of recognition;

A. On February 20, 2007, the deceased C (the named in D on April 19, 2013) entered into an insurance contract with LFC with the beneficiary as the heir at the time of his/her death (the insurance proceeds of death KRW 50 million) and entered into a separate agreement with the 1st regular non-payment of dividends (the insurance proceeds of death KRW 50 million) and a special agreement with the non-payment of dividends (hereinafter “instant special agreement”).

B. Article 10 of the Terms and Conditions of the instant Special Agreement provides that in the event that the insured has died directly due to a disaster specified in the Disaster Classification Table during the insurance period or has become a disability with at least 80% of the total disability payment rate for several physical parts due to the same disaster in the same disaster classification table, the beneficiary shall be paid an additional amount of the insurance proceeds for the death of a disaster (200 million won) agreed in the Insurance Money Standard Table. The Disaster Classification Schedule provides for a disaster subject to compensation as an contingent accident falling under the S0-Y84 of the Korean Standard Disease Classification.

In addition, Article 12 (1) of the Clause of the Special Agreement of this case provides that "the company may terminate this contract at the same time with no insurance money when any cause for the payment of insurance money occurs due to any of the following cases." Article 12 (1) of the Special Agreement provides that "Where the insured intentionally damages himself/herself: Provided, That this shall not apply where it is proved that the insured has impaired himself/herself without free decision-making due to mental illness, etc., but it is proved that he/she has damaged himself/herself, and where suicide or prejudices himself/herself after the lapse of two years from the date of guarantee of the Special Agreement (in cases of an incidental contract, the date of restoration subscription)."

(c) On December 20, 2013, the net C is a stairs from the 14th floor emergency stairs of Yongsan-gu Seoul, Yongsan-gu, Seoul.