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(영문) 서울중앙지방법원 2014.12.12 2014가단5004227
공제금청구의 소
Text

1. The Defendant’s KRW 30,000,000 and the Plaintiff’s annual rate from July 21, 2013 to January 15, 2014.

Reasons

1. Basic facts

A. On October 27, 200, the Plaintiff’s mother B entered into a mutual aid agreement with the Defendant on October 27, 2020, and on October 27, 2020 with respect to the mutual aid amount of KRW 30 million with the beneficiary’s network B (the Plaintiff’s mother: C; hereinafter “instant mutual aid agreement”).

Article 3 (Compensation for Damages) (1) In cases where the beneficiary has sustained any bodily injury within or outside the Republic of Korea due to any of the following causes during the period of mutual aid, the beneficiary shall compensate for the damage resulting from such injury in accordance with the terms and conditions of this Agreement:

1. A traffic accident prescribed in paragraph (2);

2.In addition to the traffic accidents as provided for in paragraph 1(1)(hereinafter “general accidents”), Article 5 (Compensation for Non-Compensationable Damages) (1) The low office shall not directly and indirectly inquire of the cause, but shall not compensate for the damage resulting from the following causes:

1. Intentions of the contractor or the beneficiary;

2. The intention of the recipient of the mutual aid fund: Provided, That if there are two or more recipients of the mutual aid fund for death, the compensation shall be made only for the amount to be received by the other persons;

3. The beneficiary's self-injury, suicide, attempted suicide, criminal act or act of violence (Provided, That if it is recognized as self-defense under the Criminal Act, emergency evacuation, or legitimate act, compensation shall be made for it).

4. In the event the beneficiary suffers bodily injury due to the accidents as referred to in Article 3 and dies within one year from the date of the accident, the low-income office shall pay the following amounts to the beneficiary (the heir of the beneficiary in case where there is no designation of the beneficiary of the mutual-aid money) as a result of the death of the beneficiary:

One times the amount subscribed to the mutual aid fund for death of the general traffic accident of the Gu;

B. Of the terms and conditions of the instant mutual aid contract

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