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(영문) 서울중앙지방법원 2018.08.21 2017가단5222163
보험금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Under the underlying facts, the following facts do not conflict between the parties, or may be acknowledged by comprehensively considering the overall purport of the pleadings in each entry in Gap evidence Nos. 1-5 and 17.

Plaintiff

On January 17, 2012, A made the insured as husband E, and subscribed to F, an insurance product of the Defendant (hereinafter “instant insurance”).

The insurance of this case is a condition under which KRW 100,000 upon the death of the insured E, and KRW 50,000,000 for hospitalization medical expenses, and the beneficiary of the insurance of this case shall be the legal heir upon the death of E.

B. On October 5, 2016, at around 10:40, E died of around 18:07 on the same day due to low oxygen brain damage, etc. while he/she was sent to the emergency department of Busan University Hospital by a 119 emergency squad, falling at the entrance of G Apartment-dong (hereinafter “instant apartment”).

(hereinafter referred to as “the deceased”). (c)

Although the Plaintiffs sought insurance payment from the Defendant under the instant insurance contract, the Defendant rejected the payment on the ground that the death of the deceased was caused by an intentional accident caused by the insured’s death.

Among the general terms and conditions incorporated into the content of the instant insurance contract, the contents of this case are as follows.

18. (Grounds for Not Payment of Insurance Proceeds) Any company shall not prevent insurance proceeds when any ground for the payment of insurance proceeds occurs in any of the following cases:

(1) The insured shall have intentionally or intentionally impaired the insured: Provided, That in cases where the insured person has impaired his/her ability to make a free decision due to mental disorder, etc., he/she shall pay the insurance proceeds to him/her.

2. Assertion and determination

A. The accident of this case by the plaintiffs 1 was caused by the deceased's loss in the state of her exploitation at the time, and even if the accident of this case was caused by the deceased's damage to himself, the deceased is in the state of mental disability or mental disability due to drinking at that time.

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