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(영문) 서울중앙지방법원 2016.04.28 2015가단5298326
보험금
Text

1. The Defendant: (a) for Plaintiff A, KRW 54 million, KRW 36 million to Plaintiff B, and each of the said money, from September 4, 2015 to September 2015.

Reasons

1. Facts of recognition;

A. The plaintiff A's spouse and the plaintiff B are the deceased's children.

B. On November 27, 2007, the Deceased entered into an accident death agreement with the Defendant and the Insured as the inheritor at the time of the Deceased’s and the Insured’s death with the content of paying the insurance money for the death of the insured and certain obstacles (hereinafter “instant special agreement”). The Deceased subscribed to a disaster death agreement with the amount of KRW 90 million (hereinafter “instant special agreement”).

C. Article 10 of the Terms and Conditions of the instant Special Agreement provides that one hundred percent of the subscription amount shall be paid as a disaster death insurance amount if the insured dies due to a disaster set forth in the Disaster Classification Table during the insurance period. Article 12 of the Terms and Conditions provides that the insured shall be as follows:

Article 12 (Insurance Accidents for which No Insurance Money is Paid) (1) A company may terminate this special agreement at the same time as no insurance money is paid if any of the following events occurs:

1. Where an insured person intentionally damages himself/herself, however, shall not be the case where he/she is unable to make a free decision due to mental illness, etc. and where he/she becomes a disability for which the aggregate payment rate of various physical parts in the table of disability classification is not less than 80% due to suicide or damage to himself/herself after two years from the commencement date of guarantee under a special agreement (in cases of a activation contract, the date of restoration of effect), or after two years from the commencement date of guarantee under a special agreement;

The Deceased committed suicide on May 25, 2014.

[Ground of recognition] Facts without dispute, Gap's 1 through 6, the purport of the whole pleadings

2. According to the provisions of the above standardized contract as to the cause of the claim, the insurance money is not paid as a matter of principle in the case of death caused by suicide. However, the case where the insured cannot make a free decision and its guarantee commencement date.

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