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(영문) 서울중앙지방법원 2018.11.29 2017가단5192972
보험금
Text

1. The Defendant’s KRW 47,400,00 and the Plaintiff’s annual rate of KRW 5% from August 20, 2016 to November 29, 2018.

Reasons

1. Facts of recognition;

A. On April 29, 2016, C concluded a D insurance contract with the Defendant via the Bank of Korea Social Welfare Fund at the Bank of Korea on April 29, 2016 between April 29, 2016 and April 29, 2017; the insured C, the beneficiary C, the beneficiary’s statutory heir, and the injury death insurance amount of KRW 79,00,000.

hereinafter referred to as "the insurance contract of this case"

(B) B. B. On June 4, 2016, C was found to be first cut to trees at the Man-gu Eins (hereinafter “instant accident”); and C was “the deceased”.

(c) Article 2 Subparag. 2 of the instant general terms and conditions of the insurance contract are as follows: Injury refers to bodily injury sustained due to a sudden and incidental accident that occurred during the insurance period.

(b) Article 3 subparagraph 1: Where the insured dies as a direct result of an injury during the insurance period (excluding death due to a disease);

(3) Article 5(1)1 of the Insurance Contract shall not be paid if the insured intentionally damages himself/herself.

However, I shall pay insurance proceeds if the insured has impaired himself/herself in the state of being unable to make a free decision due to mental disorder, etc.

4) Article 8(1) of the Act: Upon receipt of a claim for insurance money, the certificate of receipt shall be submitted, and the insurance money shall be paid within three business days from the date of receipt of the document. D. Legal heir of the Deceased is the wife and F. On August 16, 2016, the Plaintiff claimed the Defendant for the injury death insurance pursuant to the instant insurance contract. [In the absence of dispute over recognized evidence, A, 2, 3, 1, 2, 3, 1, 2, 3, and 1, 2

2. Summary of the parties’ assertion

A. The Deceased committed suicide in a situation where it is unable to make a free decision due to mental disorder, etc.

This constitutes a case of death as a direct result of an injury sustained by a person due to an sudden and unexpected accident, which is the cause for the payment of insurance proceeds, and constitutes an exception to the reasons for exemption.

The plaintiff.

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