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(영문) 서울남부지방법원 2020.05.19 2018가단240060
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. On July 22, 2009, the Plaintiff and the mother of the deceased C (hereinafter “the deceased”) concluded an E insurance contract with the Defendant as the main insured and the beneficiary of the Plaintiff (hereinafter “instant insurance contract”).

B. The content of the death insurance contract of this case is as follows.

(1) Insurance period: Amount to be paid in cases where the insured has become disabled with the aggregate rate of 80% or more of the physical parts due to the same disaster or accident other than the same disaster during the insurance period: Amount to be paid in cases where the insured has become disabled with the rate of 80% or more of the total disability payment for all physical parts due to the same accident during the insurance period: Amount to be paid in cases where the insured has died during the insurance period or where the insured has become disabled with the aggregate rate of 80% or more due to the same disaster in the table of disability classification: Amount to be paid in cases where the insured has died during the insurance period, or where the insured has become disabled with the same disaster under the same disaster classification table

1. Any of the following disasters subject to coverage shall be paid insurance proceeds in accordance with the terms and conditions of this insurance:

(1) Any contingent accident falling under S00-Y84 in the Korean Standard Disease and Death Classification shall be an accident.

2. Where an accident for which insurance proceeds are not paid falls under any of the following subparagraphs, insurance proceeds shall not be paid after being excluded from the Disaster Classification:

(2) If the cause of the accident is:

C. At around 16:50 on March 13, 2016, the Deceased died with the window of the 25th floor of the 25th floor, G-2Ra, G, building G, building in Southyang-ju, one’s own place of residence.

(hereinafter referred to as “instant accident”). [Grounds for recognition] The fact that there is no dispute, entry in Gap’s evidence 1 through 4, and 6 through 8, and the purport of the whole pleadings.

2. The parties' assertion

A. The Plaintiff’s assertion died in an apartment during treatment of mental illness while the deceased died. At the time, the deceased was unable to make a free decision due to depression and tidal disease.

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