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(영문) 서울중앙지방법원 2017.01.24 2015가단5393504
보험금
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The pertinent Plaintiff of the parties is the sole heir as the legal spouse of B who died.

The Defendants are insurers who have concluded insurance contracts with B.

B. On October 25, 2013, the insurance contract B entered into with the Defendant He Interesting and Fire Marine Insurance Co., Ltd. (hereinafter “Defendant Interesting and Fire”), under which the beneficiary B and the beneficiary at the time of death as legal heir, entered into a “one insurance contract” (hereinafter “one insurance contract”) with the Defendant Interesting and Fire Insurance Co., Ltd. (hereinafter “Defendant interesting and Fire”).

The above insurance contract includes a general injury death agreement (hereinafter referred to as "one special agreement") that requires the payment of insurance proceeds of KRW 20 million upon the death of the general injury.

(2) Of the terms and conditions of a special agreement, the parts relating to this case are as follows:

Article 1 of the General Injury Death Special Clause(s) and the company shall pay the insurance proceeds agreed upon to the beneficiary (beneficiary) if any of the following events occurs to the insured (beneficiary).

General Injury Death Insurance Money: In the event that an injury occurs as a result of a direct result during the insurance period of this Special Terms and Conditions, the amount of the insurance coverage of this Special Terms and Conditions shall be paid [Adjustment of Terms and Conditions]: In the event that the death occurs during the insurance period, Article 3 (Reasons for Not Payment of Insurance Money) (1) The Company shall not prevent the insurance money if any of the following events occurs:

1. The intention of the insured person: Provided, That where the insured person has impaired himself/herself while he/she cannot make a free decision due to mental disorder, etc., he/she shall pay the insurance money to him/her;

C. On June 17, 2009, Defendant Hansung Life Insurance Co., Ltd. (hereinafter “Defendant Hansung Life Insurance Co., Ltd.”) concluded the insurance contract B.

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