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(영문) 부산지방법원 2016.11.30 2015나50221
보험금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

Facts of recognition

A. Plaintiff A is the spouse of the deceased D (the deceased on December 1, 2014, hereinafter “the deceased”) and Plaintiff B and C are the children of the deceased.

B. On January 29, 2014, Plaintiff A entered into the instant insurance contract with the Defendant through E and paid the insurance premium. The main contents of the instant insurance contract related to the instant case are as follows.

Insurance policyholder: The deceased insured worker: The contract period of 10 million years of age for 20 years of age: From January 29, 2014 to January 29, 2058: 100,000 won when he/she dies due to a general injury resulting from a major guarantee of 205,000 won:

C. Before the conclusion of the instant insurance contract, the Deceased worked as the deck of the deep-sea fishing vessel F, which belongs to the Private Aid Industry Co., Ltd., and among the written subscription for the instant insurance contract, the above contents are also indicated in the occupational column of the Deceased.

On December 1, 2014, the deceased was on board F on the 14:00 December 14, 2014, and was on board the ship due to bad weather conditions while working in the Scaming near the Russcokn in the Yellow Sea.

(hereinafter “instant accident”). Article 17 (Reasons for Not paying Insurance Money) Company shall not prevent the relevant insurance money unless otherwise agreed by the insured (person subject to insurance) from paying the insurance money under Article 15 (Types and Grounds for Payment of Insurance Money) due to any of the following acts for the purpose of occupation, duties or club activities:

3. During the period when a crew member, a fishing gear, a company, or a person engaged in other duties to board a ship is on board a ship for his/her duties;

E. After the death of the Deceased, the Plaintiff A demanded the Defendant to pay KRW 100,000 of the General Injury Death Insurance Money on the ground that the Deceased died due to a sudden and incidental accident that occurred during the term of the instant insurance contract, but the Defendant is as follows among the terms and conditions of the instant insurance contract.

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