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(영문) 서울중앙지방법원 2014.10.14 2013가합547408
보험금
Text

1.(a)

Plaintiff

A. (17,142,858 won, Dolle Life Insurance Co., Ltd.) 17,142,858.

Reasons

1. Basic facts

A. The Defendants are the insurers (or mutual aid operators, hereinafter the same shall apply) of each of the following insurance contracts (or mutual aid agreements, hereinafter the same shall apply) with the network D (hereinafter referred to as “the network”) as the insured (or the Insured; hereinafter the same shall apply), and the Plaintiff A is the wife of the deceased, Plaintiff B, and C. The deceased are the children of the deceased:

The insurer’s insured beneficiary’s insurance accident (or mutual aid) 1 Defendant interesting State Fire & Marine Insurance Co., Ltd. (hereinafter “Defendant interesting State Fire”).

The deceased’s legal heir’s death is 40 million won and 20 million won, Defendant M&C Co., Ltd. (hereinafter referred to as “Defendant M&C life”).

The deceased’s death of 50 million won and 3 Defendant Eastern Fire Marine Insurance Co., Ltd. (hereinafter “Defendant East Fire”).

The deceased’s legal heir’s death is 35 million won or less, and the defendant’s credit union federation of Korea.

The deceased’s legal inheritor’s death 20 million won

B. The insurance contract under the above 1 and 3 provides that "the case where the insured dies as a direct result of an injury (in particular, in the insurance contract under paragraph 3, referring to "injury to the body of the body of the body of the body of the body of the body of the body of the insured due to an sudden and rapid accident")" and the insurance contract under the remaining 2 and 4 provides that "the case where the insured dies as a direct cause of a disaster"

C. Article 17(1) of the General Terms and Conditions applicable to the insurance contract under the above Paragraph (1) provides for one of the grounds for not paying insurance proceeds as follows:

Article 17 (1) In any of the following cases, the Company shall not prevent insurance proceeds when a cause for the payment of insurance proceeds occurs:

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 21 (1) 1 of the General Terms and Conditions applicable to the insurance contract under the above 3 also applies.

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