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(영문) 서울중앙지방법원 2019.09.18 2019가단5031897
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 January 14, 2014, the Plaintiff (former Mutual Company C) concluded a group insurance contract with the Defendant with six employees of the Plaintiff (D, E,F, G, H, I), the beneficiary at the time of death (contractor), the insurance period from January 14, 2014 to January 14, 2024; the accident death insurance amount of KRW 40,000,000; the J Insurance Amount of KRW 60,000,000; and the K Insurance Amount of KRW 50,000,000 (hereinafter “L insurance contract”).

B. On October 16, 2014, the commencement of the instant insurance contract, around October 16, 2014, one of the insured workers was dead, and M (hereinafter “the deceased”) was employed on June 1, 2014, the Plaintiff submitted to the Defendant for the “application for the change of the insured (beneficiary)” on April 28, 2015, and instead changed H to one of the insured workers.

C. The main contents of the terms of the instant insurance contract are as follows.

[L] Article 18 (Types and Grounds for Payment of Insurance Money) The Company shall pay the insurance money agreed upon to the beneficiary (person receiving the insurance money) when any of the following events occurs to the insured (person subject to insurance) during the insurance period.

2. When the insured (person subject to insurance) dies due to a disaster during the insurance period: The company under Article 20 (Insurance Accidents for which No Insurance Money is Paid) of the Insurance Money for Death of a Disaster shall not be exempted from paying the insurance money or from paying the insurance money when any of the following events occurs:

1. Where the insured (person to be insured) intentionally damages himself/herself: Provided, That the same shall not apply to any of the following cases:

If the insured (person subject to insurance) causes the death of himself/herself in a situation where he/she is unable to make a free decision due to mental disorder, etc., he/she shall be paid the insurance proceeds for death of disaster under Article 18 (Types and Grounds for Payment of Insurance Money) 2.

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