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(영문) 서울중앙지방법원 2017.12.21 2017가단5100867

보험금

Text

1. Each of the plaintiffs' claims is dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The plaintiff A is the spouse of the deceased D (hereinafter "the deceased"), and the plaintiff B and C are the children of the deceased.

On October 19, 2006, the Deceased entered into an insurance contract with the Defendant, a non-life insurance company, the Insured, the period of insurance from October 19, 2016 to October 19, 2050, and the amount of insurance coverage under the basic contract shall be KRW 40,000,000, and the total amount of insurance coverage in the event of death or disability with at least 80% due to an injury, the total amount of insurance coverage in the event of death or disability with at least 80%, and at the time of disability with less than 80%, the “undividendd Down M&C insurance contract” (hereinafter “instant insurance contract”).

B. The general terms and conditions applicable to the instant insurance contract are set forth as follows:

Article 13 (Compensation for Loss) (1) If the insured has suffered an injury on his/her body (excluding physical assistive equipment, such as water, clothing, bill, and chair), due to a sudden and incidental accident (hereinafter referred to as "accident") during the insurance period, the company shall compensate for the loss caused by the injury in accordance with Chapter 1 (General Provisions) and this Clause.

Article 14 (Compensation for Non-Compensation) (1) The Company shall not pay compensation for any loss arising from the following causes:

1. The intention of the insured;

4. Self-injury by the insured, suicide, attempted suicide, criminal act or violence under the Criminal Act;

5. An insured's disease;

6. An insane person of the insured or a mental illness of the insured (Death Insurance Money) ① A company shall pay to the beneficiary the amount of insurance coverage stated in the insurance policy as the death insurance money in cases where the insured has suffered an injury caused by an accident provided for in Article 13 during the insurance period after the date on which the insured falls under the age of 15 and died directly within two years as a result of the accident.

C. On November 17, 2013, E driving a vehicle at the parking lot of the “Sacheon-gu Seoul Special Metropolitan City, Nowon-gu, 100-2” located in Seocheon-gu, Seoul Special Metropolitan City on November 17, 2013, and was walking at that place.

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