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(영문) 서울중앙지방법원 2015.11.20 2015가합513515
보험금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 18, 2014, the Plaintiff’s father B (hereinafter “the Plaintiff’s father”) was found to have been used in the room and was treated at the hospital. However, on September 10, 2014, the Plaintiff died of the Plaintiff’s father at the heart due to the poisoning of the U.S. carbon poisoning.

B. The Plaintiff concluded six insurance contracts with the Defendant with the deceased as the insured, and with the Plaintiff as the beneficiary of death (hereinafter referred to as “instant insurance contract” as the sequence below.

C. In entering into each of the instant insurance contracts, the Plaintiff and the Defendant entered into a special condition (acquisition) with the effect that “if the deceased dies within five years from the date of the insurance contract, the insurance proceeds reduced according to the payment rate set forth in the ordinary insurance premium reduction Act on the basis of the agreed death insurance proceeds: Provided, That where the cause of the insurance accident is caused by a disaster, the insurance proceeds shall not be reduced” (hereinafter “the instant special condition”).

The terms and conditions of the instant insurance contract and the instant insurance contract provide that “if the insured intentionally injures himself/herself, the insurance money shall not be paid. However, if it is proved that the insured has impaired himself/herself in a state that he/she is unable to make a free decision due to mental illness, etc., or if he/she is in a state of disability due to suicide or damage to himself/herself after two years from the date of the commencement of the insurance guarantee (in cases

(hereinafter “instant exemption clause”). E.

The defendant paid the deceased's total amount of KRW 889,946,296 according to each insurance contract of this case as to the death of the deceased.

The contents of each of the instant insurance contracts and the insurance proceeds paid and the grounds therefor are as follows.

The date of the insurance contract [compact subscription date] is the Plaintiff.

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