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1. The Defendant’s KRW 50,000,000 as well as its annual 6% from October 23, 2014 to March 27, 2015 to the Plaintiff.
Reasons
1. In the absence of dispute, Article 11 (Types and Grounds for Payment of Insurance Money) (1) A company shall pay insurance money for death of a disaster (the total amount of insurance subscribed under special agreement) which is the insurance money agreed upon (see Table 1) to the person receiving the insurance money if the insured (refer to Table 3) dies from a disaster or becomes disabled by the same disaster classification table (refer to Table 3) whose aggregate payment rate of various physical parts is not less than 80% due to the same disaster during the period of special agreement.
Article 13 (Insurance Accidents for which No Insurance Money is Paid) (1) The Company may terminate this special agreement at the same time as it does not pay insurance money or exempt it from the payment of insurance money if any cause for the payment of insurance money or exemption from the payment of insurance premium arises according to any of the following cases:
1. Where a person subject to insurance intentionally damages himself/herself: Provided, That this shall not apply where it is proved that he/she has impaired himself/herself in a state that he/she is unable to make a free decision due to mental illness, etc., and where he/she has committed suicide after two years from the date of commencement of the contract, or has caused damage to himself/herself, thereby making the total disability payment rate of several physical parts out of the disability classification table equal to or higher than 80%;
B On January 2, 2006, when the insured dies from a disaster during the insurance period of the special agreement for the death of a new dividend accident (hereinafter “the special agreement in this case”) with the Defendant as the insured as C, B entered into a non-dividend type insurance contract with the content that the insured shall pay KRW 50 million as the insurance proceeds for the death of a disaster (hereinafter “the insurance proceeds of the special agreement in this case”) as the insured, and the Plaintiff is the beneficiary of the said insurance contract as C’s spouse.
B. C committed suicide on August 28, 2014.
C. B On September 16, 2014, the insurance proceeds of the instant special agreement upon the death of C to the Defendant.