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(영문) 서울중앙지방법원 2017.08.25 2017가단5026600
보험금
Text

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

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendants are the insurers (or mutual aid operators, hereinafter the same shall apply) of the following military organization insurance contracts (or mutual aid contracts, hereinafter the same shall apply) with the network B (hereinafter “the deceased”) as the insured (or the beneficiaries, hereinafter the same shall apply), and the Plaintiff is the mother of the deceased:

The insurer of the insurance accident (or mutual aid) KRW 25 million, death 25 million, death 25 million, death 35 million, death 35 million, injury 10 million, death 10 million, death 10 million, death 10 million, death 10 million, death 10 million, death 20 million, death 20 million, of the Defendant National Credit Union Federation of Korea.

B. The insurance contract under the above 1 to 4 provides that "the case where the insured died as a direct result of the injury (referring to "injury sustained by a person due to a sudden and rapid accident" hereinafter)" and the remaining insurance contract under the remaining 5 provides that "the case where the beneficiary dies as a direct cause of a disaster" shall be each insurance accident.

C. The general terms and conditions applicable to the insurance contracts referred to in the above 1 to 4 stipulate to the following purport as one of the grounds for not paying insurance proceeds:

(1) In any of the following cases, a company shall not prevent insurance proceeds when a cause for the payment of insurance proceeds occurs:

1. Where the insured has intentionally impaired himself/herself: Provided, That where the insured has impaired himself/herself while he/she is unable to make a free decision due to mental disorder, etc., he/she shall be paid insurance proceeds;

Meanwhile, Article 18 of the terms and conditions applicable to the insurance contract mentioned above (5) provides for one of the grounds for not paying mutual aid money as follows:

1. Where the beneficiary intentionally damages himself/herself: Provided, That this shall not apply to any of the following cases:

The beneficiary (the beneficiary) shall be defective.

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