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(영문) 대전지방법원천안지원 2019.08.22 2018가단113320
보험금
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Around February 19, 2008, D entered into the following insurance contracts with the Defendant during the contract period from February 19, 2008 to February 16:00 on February 19, 2018, with the following insurance contracts from February 19, 2008:

(1) Goods name (hereinafter referred to as "the insurance contract of this case") : (a) General injury (basic injury): 200 million won (amount calculated by multiplying the general injury by the disability payment rate if the injury is less than 80 per cent), 200 million won (payment by the amount calculated by multiplying the disability payment rate in the event of the remaining disability) in the event of death or the remaining disability: (b) the beneficiary of the living income compensation 100 million won in the event of death due to the general injury: D when he dies, in cases other than death, F

B. At around 17:00 on February 10, 2018, F was used in a bed in a bed in a residential area, and was discovered without being hidden, and was sent to a hospital, but died on the same day.

C. The Plaintiffs jointly inherited the net F’s property with F’s children, one-half of them.

[Ground of recognition] Unsatisfy, each entry in Gap evidence 1-6 (including a provisional number), the purport of the whole pleadings

2. The plaintiffs' assertion and judgment

A. The gist of the plaintiffs' assertion is that the net F, the insured of the insurance contract of this case, suffered injury due to a sudden and incidental accident of the insured, and died. Since the plaintiffs, who are the inheritors of the insured, have the right to claim insurance No. 100 million won of the above insurance money according to the inheritance shares.

B. In addition to the purport of the argument in the statement of evidence No. 1-2 of the plaintiffs' insurance contract of this case, it is acknowledged that the defendant's "Ed Family Living Income Compensation Clause I" stipulates that the beneficiary shall pay insurance money to the beneficiary upon occurrence of the insurance accident, but if there is no beneficiary's designation, the beneficiary of F's insurance money is designated as D in the insurance contract of this case. Thus, it cannot be viewed that the plaintiffs have a claim for the above insurance money.

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