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(영문) 서울중앙지방법원 2018.08.23 2017나75677
보험금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 31, 2002, the Plaintiff and the Defendant entered into a disaster relief insurance contract with the Plaintiff’s mother as the deceased’s mother B (hereinafter “the deceased”), and with the beneficiary of death insurance as the Plaintiff, and with the insurance period from December 31, 2002 to December 31, 202, with the insurance period of 20 years (hereinafter “instant insurance”).

B. The main contents of the instant insurance terms are as follows.

Article 12 (Types of and Grounds for Payment of Meet Insurance Money) (1) A communications agency shall pay the insurance money agreed upon to the beneficiary when any of the following events occurs to the insured during the period of insurance:

(See "The Standard Table for Payment of Insurance Money" 2. 2. The insurance money for the death of a usual accident: When the insured dies due to a disaster (hereinafter referred to as "disaster") prescribed in attached Table 2 (Disaster Classification) that occurred on the ordinary day. (3) When the insured dies due to a cause other than a disaster, the insurance premium already paid shall be paid.

Insurance money for death in ordinary daily accident in the attached Table 1 of the Standard Table for the Payment of Insurance Money: The term "accident in the Disaster Classification Table 2 of attached Table 2 of the amount to be paid 30 million won when a person dies due to an accident in ordinary daily days means an accident in which a contingency occurs (Provided, That if a person who has a disease or a physical handicap causes a minor external factor or worsens its symptoms, the minor external factor shall not be deemed an accident in which a contingency occurs), which is referred to in the following classification:

24. Other unknown exposure to the detailed factors.

C. On March 14, 2017, at around 13:00, the Deceased told that he was playing in the community center for older persons, and did not communicate after coming to the community, and on March 16, 2017, he discovered that, while he visited and confirmed the house of the Deceased located in Jeong-si C, on March 21, 2017, the Deceased died after going to the door door of the house the Deceased was put to the right door of the house as he was on the deceased’s body.

[Ground of recognition] dispute.

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