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(영문) 서울중앙지방법원 2016.11.30 2015가단5344014

보험금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. B on April 15, 2003, between the Defendant and the Defendant, entered into a non-dividendd new insurance contract with the following content:

The beneficiary B: A major contract: A special agreement on accident disability pension of 35,000,000 won (50,000 won for the first degree disability of 1st degree in the list of death or disability: 5,00 won for the second degree in the list of disability classification directly caused by a disaster (50% of the subscription amount for the special agreement for the second degree disability of 3, 4, 5, and 6), 30%, 15%, and 10% for the first degree in the list of disability classification: 15 million won for the fourth degree in the list of disability classification due to a disaster:

B. Since then, the Plaintiff and the Defendant changed the contractor of the said insurance contract from B to B, and the content of the said insurance contract as follows:

(hereinafter referred to as “instant insurance contract”. The main beneficiary of the Plaintiff: The Plaintiff’s main contract: KRW 50 million (life insurance period: Form 2) when the first-class disability in the Schedule of Disability Classification occurs: A special contract for accident relief (life insurance period): KRW 15,000,000 (life insurance period: 20 years) when the disability of Grade IV in the Schedule of Disability Classification is directly caused by a disaster: 15,000,000 (life insurance period: 20 years) in the Schedule of Disability Classification for a direct cause of a disaster: The amount of disability benefits of Grade 4 disability in the Schedule of Disability Classification for a direct cause of a disaster.

C. The main part of the terms of the instant insurance contract is as follows.

The company under Article 8 (Types and Grounds for Payment of Insurance Money) of the General Agreement for Accident Compensation (Type 2) shall pay disability benefits agreed to the beneficiary if the insured becomes disabled in Grades 2 through 6 in the disability classification table due to a disaster prescribed in the Disaster Classification Table during the insurance period of this Special Agreement.

Article 8 (Types and Grounds for Payment of Insurance Money) of the Terms and Conditions of the Special Agreement on Accident Disability Pension shall pay the insured under this Special Agreement the insurance money agreed upon to the beneficiary if any of the following events occurs:

2. Disability classification table which directly causes disasters that occur during the insurance period.