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(영문) 광주지방법원 2016.09.08 2015가합4384
보험금
Text

1. The plaintiffs' claims against the defendant are all dismissed.

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

Reasons

1. Basic facts

A. 1) Nonparty C Co., Ltd. (hereinafter “C”)

On November 30, 2005, the Defendant entered into an insurance contract (a contract number: e) stating that the amount of insurance coverage is KRW 80,000,000,000, the insured is KRW 40,000, the beneficiary is the heir, and the beneficiary is the heir at the time of death (a contract number: 2.1) (hereinafter “instant insurance contract”).

2) Of the instant insurance contract, the terms and conditions relating to the instant case are as follows.

Article 16 [Types and Grounds for Payment of Insurance Money] The Company shall pay the insurance money agreed upon to the person who receives the insurance money (beneficiary) (see attached Table 1 of the Standards for Payment of Insurance Money) when any of the following events occurs:

2. When a person subject to insurance (insured) dies due to a disaster during the insurance period or becomes a disability with at least 80% of the aggregate disability payment rate for several physical parts due to the same disaster in the table of disability classification (refer to attached Table 3): Article 18 of the Disaster Death Insurance Money [Insurance Accidents for which no insurance money is paid] (1) The Company may terminate this contract at the same time as not paying insurance money or exempting the payment of insurance premium when any of the following events occurs:

1. Where an insured person intentionally damages himself/herself, but it shall not be proved that he/she has impaired himself/herself in a state that the insured person is unable to make a free decision due to mental illness, etc.;

(Attached Table 1) When a person subject to insurance (insured) subject to the payment of insurance money due to a disaster (Article 16 subparagraph 2 of the Terms and Conditions) falls under a state of disability with at least 80% of the aggregate payment rate of various physical parts due to the same disaster among the same accident in the table of disability classification (attached Table 3), 250% of the amount of insurance coverage paid.

B. 1D In the event of a death, 2012.

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