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(영문) 서울중앙지방법원 2020.11.18 2019나73163

보험금

Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. The Plaintiff is the sole heir of the Deceased with the children of the deceased C (Death on September 14, 2017, hereinafter “the deceased”).

B. On June 29, 2012, the Deceased and the insured, an insurance company, entered into a contract for “G” including a special agreement for accident death (hereinafter “instant special agreement”) with the Deceased and the Insured as KRW 100,000,000,000, and the insured to pay KRW 100,000,000,000 as the insurance amount

(hereinafter “instant insurance contract”). The grounds for the payment of insurance proceeds under the instant special agreement, the grounds for refusal of payment, and the procedures for payment are as follows:

Article 2 (Definitions of Terms)

(a) A disaster: The disaster listed in the disaster classification table (attached Table 2);

【Disaster Classification Table】

1. An accident subject to guarantee: (1) An accident which falls under the Korean Standard Disease Disease Classification (S0~Y84);

2. Where an accident for which insurance proceeds are not paid falls under any of the following cases, the insurance proceeds shall not be paid after being excluded from the disaster classification:

(2) If the cause of the accident is as follows: The defendant shall pay the insurance money for death of a disaster (see attached Table 1 “the insurance money payment standard table”) agreed to the beneficiary if the insured under this special agreement dies due to a disaster during the insurance period.

Article 5 (Grounds for Not Payment of Insurance Money) The defendant shall not pay insurance money under this Special Agreement or exempt the payment of insurance money when any of the following grounds arises:

1. The insured has intentionally impaired himself/herself: Provided, That he/she shall be dismissed by paying insurance proceeds or exempting the payment of insurance premiums where the insured has impaired himself/herself without any free decision-making due to mental disorder, etc.;

In particular, if the result results in death, the insurance money for death of disaster will be paid.

Article 7 (Procedures for Payment of Insurance Money, etc.)