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(영문) 서울중앙지방법원 2019.05.10 2017가단5064688
공제금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the spouse of the deceased C (hereinafter “the deceased”).

B. On November 1, 2010, the Deceased concluded the “D Contract” as indicated in the attached list with the Defendant and the special terms and conditions, and “the instant contract” (a total of the above mutual aid agreements and special terms and conditions).

The main contents of the instant contract are as follows.

[Undividend DII Terms and Conditions] Article 14 (Types and Grounds for Payment of Mutual Aid)(B) of the Mutual Aid Association shall pay the following amounts to the beneficiary of the Mutual Aid Fund (person receiving the Mutual Aid Fund) as the mutual Aid Fund upon the death of the beneficiary due to a disaster (referring to the disaster as provided in the Disaster Classification Table 1; hereinafter the same shall apply) during the Mutual Aid Period:

Article 1 (Types and Grounds for Payment of Mutual Aid Money) B shall pay the beneficiary of the Mutual Aid Money (person who is entitled to the Mutual Aid Money) the following mutual Aid Money if any of the following events occurs during the period of mutual Aid under a special agreement to the beneficiary of the Mutual Aid Money (the beneficiary of the Mutual Aid Money).

2. Where the beneficiary (subject to mutual aid) dies due to the "disaster other than traffic disaster" among the disasters specified in the Disaster Classification Table 1 attached Table 1 during the period of mutual aid: 100% [attached Table 1] of the subscription amount to the general disaster death mutual aid fund paid for the general disaster death mutual aid fund.

1.A disaster covered by any of the following items shall be bound by the payment of mutual aid money under the terms and conditions of this Credit:

(1) An accident resulting from a contingency falling under the Korean Standard Disease Disease Classification (S0 to Y84).

2. If a disaster for which mutual aid money is not paid falls under any of the following subparagraphs, the mutual aid money shall not be paid except in the disaster classification table:

(2) In the event that the cause of an accident is: Overwork and serious or repeated exercise (X50)

C. On December 12, 2016, the Plaintiff around 15:43.

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