(영문) 대전지방법원 서산지원 2017.02.17 2016가단52007

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(영문) 대전지방법원 서산지원 2017.02.17 2016가단52007

보험금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The content of the terms and conditions of the insurance contract: (a) the Plaintiff’s mother Plaintiff’s insurance contract (hereinafter “the deceased”) entered into an insurance contract with KRW 80,00,000 on January 16, 207; (b) the insured as the deceased; (c) the beneficiary upon death; and (d) the Defendant, a life insurance company with the insured period as the Plaintiff; and (c) the Defendant, a life insurance company with the insurance period as of October 9, 2012 (hereinafter “instant prime contract”); and (d) separately entered into a type 1 of the special agreement for disaster security (hereinafter “instant special agreement”) with the subscription amount of KRW 80,00,000,000.

② Article 19 subparag. 1 of the terms of the instant prime contract provides that the insured shall pay the death benefit if he/she dies during the cover period. Article 21(1)1 provides that the insured shall not pay the insurance proceeds if he/she intentionally injures himself/herself; however, it is proved that the insured has impaired himself/herself in a state that he/she is unable to make a free decision due to mental illness, etc.; and that the insured commits suicide after two years from the date of commencement

③ Article 9 subparag. 1 of the Terms and Conditions of the instant special agreement provides that the payment of death insurance money shall be made if the insured dies due to a disaster specified in the disaster classification table (see attached Table 4 below) that occurred during the insurance period. However, the terms and conditions of the instant special agreement are not provided for in Article 21(1)1 of the Terms and Conditions of the instant special agreement, without providing for the same provisions, and are not provided for in the instant special agreement under Article 15(1).

[Attachment 4] Disaster Classification Table

1. Any of the following disasters subject to coverage shall be paid insurance proceeds in accordance with the terms and conditions of this insurance:

(1) The Korean Standard Disease and Death Classification (S00~Y84) shall be applicable.

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