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(영문) 광주고등법원 2019.07.19 2019나21049
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 February 17, 2014, the network C (hereinafter “the deceased”) concluded an insurance contract (hereinafter “instant insurance contract”) with the Defendant, the insured, as C, as a statutory heir (amended on August 6, 2014), and the insured, as a “D insurance contract that pays KRW 400 million when the insured died (hereinafter “instant insurance contract”).

B. The contents of the instant insurance contract are as follows: (a) the general terms and conditions of the instant insurance contract pertaining to the instant case.

Article 13 (Delivery and Explanation, etc. of Terms and Conditions) (1) The Company shall, when a contractor has made an offer, disclose to the contractor the terms and conditions and the subscription for keeping the contractor, and explain the important contents of the terms and conditions.

Article 15 (Types and Grounds for Payment of Insurance Money) (1) A company shall pay the insurance money agreed upon to the beneficiary (person receiving the insurance money) when any of the following events occurs to the insured (person receiving the insurance money):

1. If a person dies as a direct result of an injury (referring to an injury inflicted upon his/her body due to a sudden and incidental accident that occurred during the insurance period; hereinafter referred to as “injury”) during the insurance period (excluding death due to a disease) (hereinafter referred to as “amount of death insurance coverage”) will be paid to the beneficiary (person receiving the insurance amount) as the death insurance amount.

Article 17 (Grounds for Not Payment of Insurance Money) (1) A company shall not prevent insurance money when any ground for paying insurance money occurs according to any of the following cases:

(2) In the absence of any other agreement, the company shall be liable to pay the insurance proceeds relating to the injury as prescribed in Article 15 (Types and Grounds for Payment of Insurance Money) due to the following acts for the purpose of occupation, duties or club activities:

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