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(영문) 서울중앙지방법원 2015.07.14 2015나10430
보험금
Text

1. The decision of the first instance court is modified according to the reduction of the purport of the claim in the plaintiff's trial as follows.

The plaintiff.

Reasons

1. Basic facts

A. On November 6, 1998, B entered into an insurance contract with the Plaintiff as the insured on November 6, 1998, “blue tree (blue type) insurance contract (hereinafter “instant insurance contract”) with the insurance amount of KRW 15,000,000, and the insurance period of KRW 22 years (the maturity on November 6, 2020).

B, when entering into the instant insurance contract, it selected a periodic insurance (insurance with a relatively low insurance period fixed) instead of life insurance.

B. According to the contents of the instant insurance contract (1) Article 10(1)4 of the terms and conditions of the instant insurance contract (hereinafter “instant insurance contract terms and conditions”), the Defendant shall pay the beneficiary special education expenses to the beneficiary of the “when the insured, during the insurance period, is in the state of disability of Grades 2 through 6 in the disability classification table due to the disability status of Grades 1 or 6 in the disability classification table prescribed in attached Table 3 or the disaster prescribed in attached Table 2 “Disaster Classification Table 2”.

(2) The attached Table 3 of the terms of the instant insurance contract provides that “When a person needs to be provided with nursing services at all times with any apparent disability in the middle, old boundary or mind” shall be included in the injury of class 1.

(3) According to the attached Table 1 of the terms of the instant insurance contract, if the insured falls under class 1 of the disability grade specified in attached Table 3, the special education expenses paid is equivalent to 100% of the purchase amount of insurance.

C. On December 16, 2002, the Plaintiff was diagnosed on December 16, 2002 that the Plaintiff constitutes class 1 of the developmental disability as “the state of needing medical treatment at all times because speech and understanding is not made”.

(2) Upon the Plaintiff’s request, the Defendant paid ten-minute special education expenses each time from February 20, 2003 to February 7, 2014 to the Plaintiff.

[Reasons for Recognition] A’s 1, 2, 2, 3, 1.

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