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(영문) 서울중앙지방법원 2020.09.03 2019가단5192570
보험금
Text

1. The Defendant’s KRW 100,000,000 as well as its annual 6% from September 10, 2019 to September 3, 2020, respectively, to the Plaintiff.

Reasons

1. Facts of recognition;

A. From November 15, 2011, the Plaintiff entered into a “D” contract with the Defendant for the term of the contract between November 15, 201 and November 15, 2091, with the Plaintiff as the mother of C and the insured as the Plaintiff at the time of death of C and the insured.

(hereinafter “instant insurance contract”). (b)

The coverage of the instant insurance contract includes a special agreement to guarantee “general injury death” with the content that, in the event the insured dies as a direct result of an injury during the insurance period from November 15, 2011 to November 15, 2091, the amount of insurance coverage shall be KRW 100 million.

C. Relevant terms and conditions incorporated into the content of the instant insurance contract are as follows.

Article 17 (Reasons for Not Payment of Insurance Money) (1) The Company shall not prevent insurance money when any of the following events occurs to cause the payment of insurance money:

1. The intention of the insured person: Provided, That where the insured person has impaired himself/herself in a state that he/she is unable to make a free decision due to mental disorder, etc., he/she shall pay the insurance money to him/her;

Article 34 (Payment of Insurance Money) (1) When a company receives the documents prescribed in Article 33, it shall have a receipt thereof, and shall pay the insurance money within three business days from the date of receipt of such documents.

General Injury Death Special Terms and Conditions and Renewal Contracts - Part of the Medical Department - Article 2 (Types and Grounds for Payment of Insurance Money) of the Medical Terms and Conditions - The Insured (Subject to Insurance) is excluded from physical assistive equipment, such as body(such as artificial organs, artificial organs or parts) due to an injury during the insurance period (the physical assistive equipment, such as artificial organs, arms, bills, and clothing, which occurred during the insurance period). However, it includes cases where the body is transplanted, such as artificial organs or parts, and its function is replaced.

hereinafter the same shall apply)

(i)the injury suffered shall mean the injury, and hereinafter referred to as "injury" shall be deceased as a direct result.

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