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(영문) 서울중앙지방법원 2019.05.22 2019나1106
보험금
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. Basic facts

A. On April 29, 2016, the Bank of Korea concluded a DNA insurance contract (hereinafter “instant insurance contract”) between the Defendant and (1) the employees of the Bank of Korea, including C, and (2) the insurance period: from April 29, 2016 to April 29, 2017; and (3) the beneficiary of death insurance: statutory heir; and (4) the beneficiary of injury death insurance: 79,000,000.

B. C, on June 4, 2016, was found to have been cut to trees at the Espin of the Manan-gu, Mayang-si, Mayang-si, Mayang-si.

(hereinafter referred to as “the deceased”). Article 2 (Definition of Terms)

2. Terms related to the grounds for payment;

(a) Injury: He/she shall not inflict an injury on his/her body due to a sudden and incidental accident that happens during the insurance period;

Article 3 (Grounds for Payment of Insurance Money) The Company shall pay the insured insurance money agreed upon to the beneficiary in any of the following cases:

1. Where a person dies as a direct result of an injury during the insurance period (excluding death caused by a disease): Article 5 (Reasons for Not Payment of Insurance Money) (1) The company shall not pay insurance money when any of the following events occurs:

1. The insured has intentionally impaired himself/herself: Provided, That he/she shall be paid insurance proceeds if the insured has impaired himself/herself under the condition that he/she is unable to make a free decision due to mental disorder

C. Relevant provisions of the instant general terms and conditions of insurance are as follows.

As a legal inheritor of the deceased, there are the plaintiff(s) and F(s).

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

2. The parties' assertion

A. The Plaintiff’s death was committed while the Plaintiff could not make a free decision due to depression, etc., which constitutes an insurance accident under the instant insurance contract.

Therefore, the defendant is liable to pay the death insurance money under the insurance contract of this case to the plaintiff.

(b).

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