(영문) 서울중앙지방법원 2018.02.23 2016가단29126

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(영문) 서울중앙지방법원 2018.02.23 2016가단29126

보험금

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1. The defendant shall pay 75,00,000 won to each of the plaintiffs and 15% per annum from March 18, 2016 to the day of complete payment.

Reasons

1. Conclusion of insurance contracts and the death of the insured;

A. On March 30, 2012, the network C of the instant insurance contract (hereinafter “the deceased”) concluded a non-dividend UP health insurance contract (hereinafter “instant insurance contract”) between the Defendant, the insurer, and the Deceased as the insured, and the beneficiary as the statutory heir of the Deceased.

Under the instant insurance contract, the insurance period is from March 30, 2012 to March 30, 2051. The coverage is a total of KRW 150,000,000 in the case of the death of an injury (Guarantees: KRW 50,000,000 in the case of the death of an injury (Guarantees until the age of 80): 50,000,000 in the case of the death of an injury (Guarantees: KRW 50,00 in the case of the injury or death of an injury: 50,000 in the case of the injury or death of an injury).

However, the insured shall not pay insurance money for an accident caused by intention, and the insured shall pay insurance money only when he/she damages himself/herself in the state of being unable to make a free decision due to mental disorder.

The provisions of the terms and conditions in this regard are as follows:

Article 19 (Reasons for Not Paying Insurance Money) (1) A company shall not prevent insurance money when any of the following events occurs to cause the payment of insurance money:

1. The insured person's intention or intention: Provided, That when 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 proceeds and bed;

B. On June 5, 2015, the deceased’s death and the deceased’s heir were found to fall on the roof of the first floor guard room of 6-7Ra, which belongs to No. 1107 of the 11th floor of the 6-7, Nam-gu, Incheon, his residence on June 5, 2015.

The deceased divorced around May 2015 from E and the deceased, and as the inheritor of the deceased, there are plaintiffs who are children.

C. Although the heir’s claim for insurance proceeds was filed with the Defendant as the heir of the deceased, the deceased claimed for the payment of KRW 150,000,000 for the death benefit based on the instant insurance contract, the deceased’s death.

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