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(영문) 서울중앙지방법원 2017.01.10 2016가단5045314
보험금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On February 23, 2011, the network C (hereinafter “the network”) entered into a contract with the Defendant for a non-dividend social franchise (type 100% of profit-making type 100%, securities number: D, policyholders and Jeju insured: legal heir, subscription amount of the prime contract: KRW 50,000,000 at the time of death, and insurance period: 20 years: hereinafter “instant insurance contract”). According to the instant insurance contract, the basic insurance amount (the highest amount between the basic insurance amount for death, the insurance premium already paid, and the policyholder’s reserve, whichever are the largest amount) is stipulated to be paid when the prime insured dies.

B. Article 20 of the Insurance Terms and Conditions attached to the instant insurance contract (hereinafter “the instant insurance terms and conditions”) provides that “the insured intentionally damages himself/herself” as the grounds for exemption of the Defendant, but the exceptional provision provides that “I will pay the insurance proceeds for death of disasters where the insured causes death by damaging himself/herself in a situation where he/she is unable to make a free decision due to mental disorder, etc.”

C. On March 1, 2011, the Deceased received education as a student officer candidate among the students in the sports management department at the National University, and was appointed as the Army Superintendent on March 1, 201, and the same year.

6. From October 4, 2011, the 28th Army Etha of the 23th Army located in Yangyang-gun, Yangyang-gun, Gangwon-do started working as the Eth of the 23th Team Eth, and was put into the coast guard operations, but around 11:30 on July 10 of the same year, the 11:30 on the 150 meters away from the Fath of the Fath and died at the 2nd ordinary course by launching 1 ball cartridges in the 150m away from the Fath of the 150th century.

(hereinafter “instant accident”). D.

The plaintiffs are legal successors as parents of the deceased.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 and 2, the purport of the whole pleadings

2. The plaintiffs' assertion is severe physical and mental due to the working environment.

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