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(영문) 서울중앙지방법원 2017.10.11 2017가합515584
보험금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person who is a deceased B (hereinafter “the deceased”), and the Defendant is an insurer who entered into an insurance contract with the deceased.

B. On May 6, 2015, the Deceased and the Defendant entered into an insurance contract between the Deceased and the Insured and the beneficiary on May 6, 2015. From May 6, 2015 to May 6, 2055, the period of insurance is KRW 300 million, and the amount of death in which the beneficiary of the death benefit is a legal heir (hereinafter “instant insurance contract”).

(2) On August 25, 2016, the Deceased applied for the change of the contractor and beneficiary of the instant insurance contract to the Plaintiff on August 25, 2016, the contractor and beneficiary of the instant insurance contract changed to the Plaintiff at that time.

3) Article 3(1) of the General Terms and Conditions incorporated into the instant insurance contract provides that, in the event that the insured dies as a direct result of an injury during the insurance period, the Defendant shall pay the beneficiary the injury death insurance money. Meanwhile, Article 5(1)1 of the General Terms and Conditions provides that, with respect to the grounds for not paying the insurance money by the Defendant, “I will pay the insurance money if the insured intentionally injures himself/herself: Provided, That the insured was unable to make a free decision due to a mental disorder, etc.” (C) The Deceased’s suicide 1) borrowed funds from a foreign investment recommended during his/her service in the Hyundai Heavy Industries and used them as the investment money, but was given treatment from October 5, 2015 due to the failure to recover the amount of the investment.

2. On July 30, 2016, when the Deceased retired from office in the Hyundai Heavy Industries, and the obligees were urged to pay their debts and cannot become economically independent, the Deceased-gu cudio 203 around August 2016 was decided to be the directors of Gwangju who reside in Ulsan upon the Plaintiff’s recommendation, and around the end of August 2016.

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