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(영문) 서울중앙지방법원 2015.10.22 2014가합579907
보험금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are the spouses and children of E who died (hereinafter “the deceased”), and the Defendant is a company running non-life insurance business, etc. in accordance with the Insurance Business Act and the relevant statutes.

B. The Deceased and the Defendant concluded the insurance contract: ① On October 23, 2009, the Insured’s Deceased, Securities Number F, and Subscription Date, and the “compact Life Insurance” with the maturity of 80 years of age (hereinafter “instant insurance”) and ② the Insured’s Deceased, Securities Number G, and Subscription Date with the maturity of 10 years of insurance period on October 23, 2009 (hereinafter “instant 2 insurance”); and the Defendant guaranteed that the first insurance contract of this case should be paid KRW 70,000,000, and KRW 50,000,000 as insurance amount, respectively.

C. (1) The general terms and conditions of the instant 1 insurance stipulate that the insured’s injury to his body during the insurance period and as a result, if he died within two years from the date of the accident, the amount of the insurance coverage shall be paid to the beneficiary as the insurance money for injury or death (Articles 14 and 16), and Article 15(1) of the same Act provides that the insured’s injury, suicide, attempted suicide, and criminal acts or violence under the Criminal Act shall be deemed to be an injury not compensated.

(2) The general terms and conditions of the instant 2 insurance are as follows: (a) while the insured is on board a motor vehicle in a state in which he is not driving directly during the insurance period; (b) when the insured does not board a motor vehicle or any other means of transport under operation; or (c) when the insured is on board a motor vehicle or any other means of transport due to a traffic accident, such as collision or contact with a motor vehicle or any other means of transport in operation, collision with them, contact, fire, explosion, etc.; and (d) when the insured suffered bodily injury within 2 years from the date of the accident by himself.

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