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(영문) 서울중앙지방법원 2017.09.26 2016나63936
보험금
Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

(b).

Reasons

1. Basic facts

A. On December 6, 2006, the deceased C (hereinafter “the deceased”) concluded a non-negotiable new life insurance contract (hereinafter “instant insurance contract”) with the Defendant, the insurer, with the content that the insured would be paid insurance proceeds (10,500,000 won, and 50,000,000,000 won) upon the occurrence of the insured event due to the death, accident, cancer of the insured, etc. by designating the deceased and the beneficiary at the time of the death of the deceased as the inheritor.

B. Of the terms and conditions of the instant insurance contract’s new accident death agreement, the contents pertaining to the instant case are as follows.

Article 11 [Types and Grounds for Payment of Insurance Money] Where a person subject to insurance (insured) dies during the special agreement insurance period due to a disaster prescribed by the Disaster Classification Table (see Table 2), or where the rate of total disability payment for various physical parts is not less than 80% due to the same disaster among the disability classification table, the company shall pay the person who receives the insurance money (beneficiarys), which is the insurance money agreed upon, to the person who receives the insurance money.

(Annex 2) Disaster Classification Table

1. An accident subject to guarantee: (1) An accident which falls under the Korean Standard Disease Disease Classification (S0-Y84);

2. An accident that does not pay insurance proceeds: (1) A person who suffers from a disease or physical injury and is a minor external factor or whose symptoms worse. (3) An accident that has no intention or negligence on the part of a medical institution among "disaster (Y60 to Y69) of a patient during external or internal medical treatment."

C. On May 9, 2012, the deceased was admitted to the Emergency Center of the Asan Hospital in Seoul around the morning, but the doctor in charge was recommended by the doctor in charge to transfer the deceased to the hospital located in the Gowon-si on the ground that “the patient room is not in a middle patient room and there is no possibility of treatment due to the full-time senior officer, etc.” and the deceased and the guardian accepted this.

The Deceased is and his guardian around the same day.

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