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(영문) 전주지방법원 2017.07.05 2016가단30519
보험금
Text

1. The plaintiff (Appointed)'s claims against the defendants are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Facts of recognition;

A. The network of the conclusion of the instant insurance contract (EE; hereinafter “the deceased”) concluded each insurance contract (hereinafter “each of the instant insurance contracts”) with the Defendants as “the deceased and the beneficiary statutory heir at the time of the death of the insured,” as shown in the attached Form.

B. A deceased’s death 1) On August 12, 2014, around 09:47, the deceased was discovered from the stairs of the second floor in the G restaurant located in the Yansan-gu, Jeonju-si, which was operated by the deceased, by taking the above restaurant staff’s H, and then found the deceased’s death. (ii) In the autopsy report on the deceased’s death, the deceased’s private death appears to be presumed to be a light pressure test.

C. The Plaintiff’s claim for the payment of insurance money and the refusal of the payment of insurance money 1) The Plaintiff’s spouse and the designated parties are the deceased’s children. 2) The Plaintiff and the designated parties, the legal inheritor of the deceased, claimed insurance money from the Defendants under each insurance contract of this case. However, the Defendants refused the payment of insurance money on the ground that the death of the deceased constitutes the intent of the insured, who is the damage not paid insurance money as stipulated in each insurance contract of this case.

The terms and conditions of each insurance contract of this case relating to this case are as follows.

The insured event company which does not pay insurance money of Article 24 of the General Insurance Clause for the Life Insurance of the Defendant New Life Insurance, shall not pay insurance money or exempt the payment of insurance money when the cause for payment of insurance money occurs according to any of the following cases:

1. Where the insured (person to be insured) intentionally damages himself: Provided, That this shall not apply to the following cases:

Article 22 of the Insurance Proceeds from the death of an insured person (person subject to insurance) by impairing himself/herself in a situation in which it is impossible for him/her to make a free decision due to mental disorder, etc.

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