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(영문) 서울중앙지방법원 2016.09.07 2014가단5250419
보험금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiffs are the parents of the deceased C (hereinafter “the deceased”) who died on July 6, 2013, who were the deceased’s successors, and the Defendant is the insurer who concluded an insurance contract with the deceased as follows.

B. Around May 10, 2010, the Deceased and the Defendant entered into an insurance contract with the Defendant for the insured period of 60 years (from May 10, 2010 to May 10, 2072) (hereinafter “instant insurance contract”) between the Deceased and the Defendant as the legal heir at the time of death.

2) According to the instant insurance contract, in the event that the deceased dies due to injury, the beneficiary shall be paid KRW 50 million with the death insurance amount resulting from injury. Article 19(1)1 of the General Insurance Clause incorporated into the instant insurance contract (hereinafter “instant insurance clause”).

As to the grounds for non-payment of insurance money by the Defendant, Article 19 (Grounds for Non-Payment of Insurance Money) (1) A company (the Defendant) shall not prevent insurance money when any of the following events occurs: Provided, That the insured (the subject of insurance)’s intentional act on January 1, 200: Provided, That if the insured (the subject of insurance) harms himself/herself under the condition that he/she is unable to make a free decision due to a defect, etc., he/she shall pay insurance money. (c) The Deceased’s suicide and the refusal to pay insurance money by the Defendant) on July 6, 2013: (a) around 17:38, Incheon Gyeyang-gu, Incheon Metropolitan City D apartment 107 Dong 502, with his/her clothes attached to his/her clothes.

The Deceased was 41 years of age at the time of his death due to Eher birth.

2) The Plaintiffs filed a claim against the Defendant for the death benefit of injury in accordance with the instant insurance contract, but the Defendant rejected the payment of the insurance benefit based on the terms and conditions of the instant contract on the ground that the Deceased intentionally committed suicide.

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