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(영문) 서울중앙지방법원 2021.03.25 2018가합564705
보험금
Text

Defendant C Co., Ltd.: KRW 15,000,000 each, and Defendant D Co., Ltd. KRW 55,000,000 each, and each of them.

Reasons

1. Facts of recognition;

A. On August 23, 2016, E entered into an insurance contract with Defendant C Co., Ltd. (hereinafter “Defendant C”) and the insured E, and the deceased beneficiary’s law.

According to the 1 insurance contract, if the insured person dies as a direct result of an injury during the insurance period (any injury inflicted on his/her body due to a sudden and incidental accident that occurred during the insurance period), Defendant C is obliged to pay 30,000,000 won to the legal person.

B. On October 25, 2012, Defendant D Co., Ltd. (hereinafter “Defendant D”) and Defendant D Co., Ltd. concluded an insurance contract “2 insurance contract” with the insured E and the deceased beneficiary’s legal person. “The combination of each of the above insurance contracts” was “each of the instant insurance contracts”.

According to the 2 insurance contract, if the insured person dies as a direct result of an injury during the insurance period (any injury inflicted on his/her body due to a sudden and incidental accident that occurred during the insurance period), Defendant D is obliged to pay 110,000,000 won (10,000,000 won as the subscription amount of basic contract) to the legal person.

(c)

All of the instant insurance contracts provide that “if the insured intentionally injures himself/herself,” as the grounds for exemption from the payment of insurance proceeds. Even if the insured intentionally injures himself/herself, the insured shall not be exempt from liability for “where the insured has impaired himself/herself without any free decision-making due to mental or physical loss, etc.”

(d)

E died on November 18, 2016 as a drug addiction (stroke, etc.) at his/her own place of residence.

The legal member of E is his father, who is his father.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1-4, Eul evidence Nos. 1-B and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiffs E.

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