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(영문) 서울중앙지방법원 2015.11.06 2015가합512260
보험금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 15, 2014, B (C) entered into an insurance contract with the Defendant, between the Defendant and the beneficiaries other than the insured and the deceased, and entered into an insurance contract with the Defendant, setting the beneficiary as a statutory heir, which entered into an insurance contract with NH type 2 (NH-type No. 60) of family love Insurance (NH-type No. 60).

(hereinafter “instant insurance contract”). (b)

(1) The content of the insurance contract in this case is to pay KRW 250 million of the death insurance money if the insured dies from the date immediately preceding the date when the insurance contract falls under the age of 60 to the date immediately preceding the date when the insurance contract falls under the age of 60. (2) The company under Article 5 of the terms and conditions of the insurance contract in this case does not pay the insurance money when any of the following causes occurs for the payment of the insurance money or for the exemption of the insurance premium, and does not exempt the

1. Where the insured intentionally damages himself/herself: Provided, That in any of the following cases, he/she shall pay insurance proceeds or be exempted from the payment of insurance premiums:

Where the insured has impaired himself/herself under a condition that he/she is unable to make a free decision due to mental disorder, etc., in particular, if it results in death, he/she shall be paid the death benefit as prescribed in Article 3.

C. On November 18, 2014, the death B died due to marble cerebral cerebral cerebral cerebral Bribe damage in the balcony located on the seventh floor of the apartment building located in Gangseo-gu Seoul Metropolitan Government D, Gangseo-gu.

(hereinafter “instant accident”). D.

As the mother of B (hereinafter referred to as “the deceased”), the Plaintiff is the only heir of the deceased.

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 4, Gap evidence 2, Gap evidence 1 to 3, Gap evidence 4, and Eul evidence 1

2. The parties' assertion

A. The Plaintiff’s assertion cannot make a free decision due to mental disorder, etc., not where the Deceased intentionally impaired himself.

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