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(영문) 청주지방법원영동지원 2016.07.20 2015가합829
보험금
Text

1. The Defendant shall pay to each of the Plaintiffs KRW 100,000,000 as well as 15% per annum from November 21, 2015 to the date of full payment.

Reasons

1. Basic facts

A. The defendant is a juristic person established for the purpose of insurance business which can be run under the Insurance Business Act and related Acts and subordinate statutes.

On January 27, 2014, the Defendant concluded an insurance contract (hereinafter “instant insurance contract”) with the Plaintiff A and deceased C (name D before and after the opening of name, regardless of whether before and after the opening of name D; hereinafter referred to as “the deceased”).

B. Main contents of the insurance terms under the instant insurance contract are as follows.

In other words, "the beneficiary shall be paid KRW 200,000,000 insurance money to the beneficiary when he/she died as a direct result of an injury during the insurance period [excluding physical assistance equipment such as artificial organs or parts, etc., but including cases where physical assistance equipment, such as artificial organs or parts, is transplanted, and such function is replaced) caused by a sudden and incidental accident that occurred during the insurance period."

C. On August 6, 2014, at around 22:10, the Deceased was found to have died in a river equivalent to about 50cm in front of a swine stable E in the Chungcheongbuk-dong, Chungcheongnam-do.

(hereinafter referred to as “instant accident”)

D. The Plaintiffs are parents of the Deceased, and are legal successors of the Deceased.

【Ground of recognition】 The fact that there is no dispute or no clear dispute, Gap evidence 1 through 6, 11, Eul evidence 1, 2 and 9, and the purport of the whole pleadings

2. The parties' assertion

A. The gist of the plaintiffs' assertion 1) The deceased went back to the ship located at the edge of the river in front of the stable in order to hold the excreta buried in the cremation at the time. The deceased went to the river in front of the stable, and he lost the spirit in a timely manner by leaving the ship into the river on the wind. 2) At the time of entering into the insurance contract of this case, the deceased did not have the mental or physical weakness at the time of the conclusion of the insurance contract of this case.

Even if the contract of this case is null and void due to the mental or physical weakness of the deceased at the time, this is the defendant's insurance solicitor's mental or physical weakness.

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