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(영문) 부산고등법원 2018.05.30 2018나50386
보험금
Text

1. Revocation of the first instance judgment.

2. All plaintiffs' claims are dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

Basic Facts

On July 12, 2007, Plaintiff A entered into an insurance contract as “non-dividend REDY 0604” (hereinafter “first insurance contract”) such as the attached list in which Defendant and the insured are D (hereinafter “the deceased”). On February 19, 2016, Plaintiff A entered into a non-dividend 1601” (hereinafter “the second insurance contract”) such as the attached list in which the Defendant and the Insured are the deceased.

The main contents of the terms and conditions of the first and second insurance contracts are as follows.

Article 13 (Compensation for Loss) of the Insurance Contract (Compensation for Loss) If the insured has sustained any bodily injury (excluding physical assistance equipment, such as clothing, doubt, bill, doctor's duty, etc.) due to any sudden and incidental accident (hereinafter referred to as "accident") during the insurance period, the company shall compensate for the damage resulting from the injury (hereinafter referred to as "damage") in accordance with the terms and conditions.

Article 14 (Compensation for Non-Compensation) (1) The Company shall not pay compensation for any loss arising from the following causes:

1. The intention of the insured;

4. Self-injury by the insured, suicide, attempted suicide, criminal act under the Criminal Act or act of violence (Provided, That if it is recognized as self-defense under the Criminal Act, emergency evacuation, or legitimate act, compensation shall be made for it);

6. In the event that the insured was injured by an accident as prescribed in Article 13 and died within two years from the date of the accident as a direct result, the company shall pay the total amount of the purchase of insurance to the beneficiary as the death insurance money.

2Insurance Contract

II. Special Terms and Conditions Concerning Injury

1.Article 1 (Grounds for Payment of Insurance Money) of the General Injury and Death Survivors Fund (Lump-Sum Payment Form) of the General Cover Clause (hereinafter referred to as the "Company") shall be the bereaved Family Fund of this General Injury and Death of the Insured listed in the Insurance Policy.

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