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(영문) 대구지방법원 2017.05.24 2016나309617
보험금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On January 29, 2013, Plaintiff B entered into an accident insurance contract with the Defendant, “The amount of subscription to the main contract: KRW 10 million: the insurance period: KRW 80,000: 20; monthly insurance premium: KRW 25,00: the insured: C (which are children between the Plaintiff) and the beneficiary upon the death of the insured: the heir,” and entered into a new non-dividend accident insurance contract (hereinafter “instant insurance contract”).

B. The term "1. D." among the "reasons for the payment of the insurance policy of this case" provides that where the insured (person insured) dies due to a disaster other than a traffic accident (including a traffic accident during the use of public transportation) during the insurance period, a general accident death insurance amount shall be paid in KRW 100 million.

C. The general terms and conditions of the instant insurance contract provide that ① Article 23 subparag. 1 of the Act provides that “if the insured intentionally injures himself/herself, insurance proceeds shall not be paid, but if the insured causes death by damaging himself/herself in a situation where it is impossible for him/her to make a free decision due to mental disorder, etc., the ordinary terms and conditions of the instant insurance contract shall be paid.” (2) Article 26 provides that “The extinctive prescription period shall expire if the claim for

'the net C' or 'the net'.

(E) A male is a student who was enrolled in the second grade of E Middle School, and was in school violence. The deceased died on his own on March 11, 2013, when he was in the first grade of F High School, on the 23th grade of the apartment located in Busan High School. 【The fact that there is no dispute over the grounds for recognition, Gap evidence Nos. 1 through 3, and Eul evidence Nos. 1 through 1, 3 through 6, the purport of the entire pleadings, and the purport of the whole pleadings.

2. Determination on claims for insurance proceeds

A. The gist of the parties’ assertion 1) The Deceased was a young student who left 15 years of age and 11 months of age at the time of the death, and was habitually abused from five to two years, etc., resulting in continuous school violence, such as fear of extreme fear, depression, destruction, and sense of shame.

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