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(영문) 서울중앙지방법원 2020.11.26 2019가합585822
보험금
Text

All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On February 1, 2019, the network D, a dependent on the Plaintiffs (hereinafter “the deceased”) concluded an insurance contract with the Defendant, an insurance company, through an external mother E (the insured and the period from February 1, 2019 to February 1, 2039).

(A) As seen below, there is a dispute over the validity of the contract (hereinafter “instant insurance contract”). The instant insurance contract includes one of the guaranteed matters that, in the event that the deceased dies due to an injury, the beneficiary of the death insurance (legal heir) shall be paid KRW 400 million with the insurance proceeds.

Details of the relevant terms and conditions are as follows:

(hereinafter “Insurance Terms and Conditions”). Sub-Section 2 Insurance Money is paid by the Company, Article 3 (Grounds for Payment of Insurance Money) shall pay the insurance money agreed upon to the beneficiary if any of the following causes occurs to the insured:

1. If a person dies as a direct result of an injury during the insurance period (excluding death due to a disease), he/she shall pay the amount of insurance coverage stated in the insurance policy to the beneficiary as the death insurance amount;

Article 14 (insured) ① The Company shall not pay insurance money when any of the following events occurs to cause the payment of insurance money provided for in Article 3 (Grounds for Payment of Insurance Money).

1. Where the insured has intentionally impaired himself/herself: Provided, That if the insured has impaired himself/herself under a condition that he/she is unable to make a free decision due to mental disorder, etc., he/she shall be paid the relevant insurance proceeds as specified

B. On August 24, 2019, the Deceased fell on the apartment rooftop, one’s residence, around 01:42, and died on the ground of multiple prolonged damage around that time.

[Reasons for Recognition] Facts without dispute, entries in Gap evidence 1 through 5 (including all of them; hereinafter the same shall apply) and the purport of the whole pleadings

2. Summary of the parties' arguments

A. The plaintiff 1 deceased on the apartment rooftop.

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