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(영문) 서울중앙지방법원 2015.09.01 2015가단5049296
보험금
Text

1. The Defendant: (a) against Plaintiff A, KRW 12,857,142, Plaintiff B, and C, respectively, and each of the said amounts on February 16, 2014.

Reasons

1. Basic facts

A. On July 26, 2007, Plaintiff B entered into an insurance contract of “three-Class 3 (standard body) ordinary family accident insurance (hereinafter “instant insurance contract”) with the Defendant, as indicated in the attached list stating that the insured is D, the heir at the time of death, and the beneficiary from July 26, 2007 to July 26, 2027, the insured Party B entered into an insurance contract of “three-Class 3 (standard body) ordinary family accident insurance” (hereinafter “instant insurance contract”) with the content that the insured would be paid KRW 30 million as the insurance money for death (hereinafter “instant non-payment special agreement”).

B. The company under Article 10 (Types and Grounds for Payment of Insurance Money) of the Terms and Conditions of the instant special agreement for death of the disaster (hereinafter “Terms and Conditions of the instant special agreement for death of the disaster”) shall pay the insurer (beneficiary) the insurance money stipulated in the Table of Standards for Payment of Insurance Money (attached Table 1 omitted) if a person subject to insurance (insured) has died as a direct cause of a disaster that occurred during the insurance period of the instant special agreement, or where the total disability payment rate of several parts of the body is at least 80% due to the same disaster as that of the disability classification table.

Article 12 (Insurance Accidents for which No Insurance Money is paid) of the Clause of the Special Agreement on Accident Death in this case (Insurance Accidents for which No Insurance Money is paid) ① The Company may terminate this Agreement at the same time as it does not pay insurance money when any of the following events occurs:

1. Where an insured person intentionally damages himself/herself, but it has been proved that he/she has impaired himself/herself in a state that he/she is unable to make a free decision due to mental illness, etc. and that he/she has committed suicide after the lapse of two years from the commencement date of guarantee of contract (the date of application for recovery of effect in cases of an incidental contract) or has harmed himself/herself, which is the same as that of the disability classification table;

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