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(영문) 광주지방법원 2019.01.31 2018가단509517
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. A. Around 2012, the Plaintiff entered into “D” with the Defendant as the insured of the network C (hereinafter “the deceased”), and the details thereof are as follows.

(hereinafter “instant insurance contract”). The contractor and beneficiary: The term of the Plaintiff’s contract: from November 23, 2012 to November 23, 2072, KRW 100,000,000 at the time of death in general injury or death on November 23, 207, and KRW 10,000,000 for general injury or death and relief expenses.

B. On November 22, 2016, the Deceased died by putting off mar explosives on his own inside the vehicle, which was parked on the entrance door of the Seoul Mine-gu Empins, around 22:20 on November 22, 2016

(hereinafter “instant accident”). C.

On the other hand, among the general terms and conditions of the instant insurance contract, the part relating to the instant case is as follows.

Article 15 (Types and Grounds for Payment of Insurance Money) If the insured is in a state of disability equivalent to a rate of disability payment less than 80% specified in the Disability Classification Table as an injury (referring to a bodily injury caused during the insurance period, even if it is a sudden and remote accident, hereinafter referred to as "injury") during the insurance period, the company shall pay to the beneficiary an amount calculated by multiplying the rate of disability payment prescribed in the Disability Classification Table by the insurance coverage amount for less than 80% for general injury.

Article 17 (Reasons for Not Paying Insurance Money) Section 1 of the Company shall not prevent insurance money when any of the following events occurs to cause the payment of insurance money:

1. Intentional intent of the insured: Provided, That where the insured has impaired himself/herself in a state that he/she cannot make a free decision due to mental disorder, etc., he/she shall pay insurance proceeds;

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Gap evidence No. 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion died of the instant accident, which is the “eflexible accident” stipulated in the instant insurance contract. As such, the Defendant is the Defendant.

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