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(영문) 서울중앙지방법원 2016.06.22 2015가단5318497
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. On September 25, 2003, Plaintiff A entered into an insurance contract (hereinafter “instant prime contract”) with the Defendant, which includes the death of a non-dividend disaster (hereinafter “instant special agreement”), with the Defendant as the insured of C, and entered into an insurance contract (hereinafter “instant insurance contract”).

B. Of the terms and conditions of the instant insurance contract, the contents pertaining to the instant case are as follows.

(1) Article 18 (Types and Grounds for Payment of Insurance Money) of the Agreement on the State of this case shall pay the death insurance money agreed upon to the beneficiary when the insured dies during the insurance period or becomes disabled in Grade I in the Table of Disability Classification.

1. When the insured dies during the insurance period (the insured events for which no insurance money is paid) ① The company may terminate this contract simultaneously with the failure to pay the insurance money when any of the following events occurs:

1. Where the insured intentionally damages himself/herself, but this shall not apply to cases where the insured has impaired himself/herself from a mental disorder and where he/she has committed suicide after two years from the date of commencement of liability for the contract, or has caused harm to himself/herself, thereby becoming a disability of Grade I in the disability classification table;

(Annex 2) The sub-sea accident refers to an accident that occurs as a contingent external factor (Provided, That where a person who has a disease or a physical constitution factor suffers from a minor external factor or has aggravated symptoms, the minor external factor shall not be considered as an contingent external accident) and is subject to the following classification:

(2) Article 10 of the Terms and Conditions of the instant Special Agreement (Types and Grounds for Payment of Insurance Money) of the same Act provides that the company shall pay back the insurance money to the company.

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