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(영문) 서울중앙지방법원 2019.12.19 2019가합564252
보험금
Text

1. The Defendant’s KRW 205,199,123 as well as the Plaintiff’s KRW 11.96% from August 22, 2019 to December 19, 2019.

Reasons

Basic Facts

C Former spouse D entered into an automobile insurance contract between the Defendant and the insured C, the insurance period from March 29, 2018 to March 29, 2019, with the content of KRW 500,000,000,000,000,000,000,000,000,000,000,000,000,000,000.

(hereinafter “instant insurance contract”). The terms and conditions of the instant insurance contract relate to the instant case are as follows.

Article 15 (Types and Limits of Insurance Money) The types and limits of insurance money to be paid by the insurance company in its own physical accidents shall be as follows:

1. If the deceased has died as a direct result of the injury, do not exceed the amount of death insurance as stated in the insurance policy;

Article 16 (Calculation of Insurance Money to be Paid) (1) The insurance money to be paid for death, injury, or disability under Article 15 (Types and Limits of Insurance Money) shall be calculated in the following methods:

However, the expenses shall not be paid if the amount of deduction does not accrue.

Insurance money to be paid = Expenses actually damaged - deducted amount

1. The actual amount of damage shall be the amount calculated according to the "payment standards for injury insurance money by an insured motor vehicle" in attached Table 1, or shall not be the amount before applying comparative negligence and compensation limit as the amount according to the final and conclusive judgment, etc. of the court of the Republic of Korea if a lawsuit (including private mediation and arbitration) has been instituted.

The annexed Table 1 shall apply to criteria for the payment of personal compensation, injury insurance money by non-life insurance vehicles.

(a) Payment of the following amounts within the limit of the purchase amount of insurance for each type of security for death:

1. Funeral expenses paid: 5,000,000 won;

2. Consolation money;

(a) Where he/she and his/her bereaved family members are under 60 years of age at the time of his/her death: 80,000,000 won (ii) where the victim’s age at the time of his/her death is at least 60 years of age: 50,000 won;

(b) Scope of claimant and criteria for payment by claimant: In accordance with the inheritance regulations under the Civil Act;

3. Loss amount; and

(a) Methods of calculation: Death;

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