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(영문) 대전지방법원 천안지원 2018.12.14 2018가합742
보험금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a legal spouse and legal heir of the deceased C (hereinafter “the deceased”).

B. From March 11, 2010 to March 11, 2064, the Plaintiff concluded, respectively, the insurance contract between the Defendant and the Defendant, and the beneficiary from March 11, 2010 to March 16, 2064, the insured, the beneficiary from the deceased, and the beneficiary from the death insurance as statutory inheritor, and the Deceased from December 10 to December 10, 2063, the insurance period between the Defendant and the Defendant, and the beneficiary from December 10, 2010 to December 10, 2063, the insured, the beneficiary from the deceased, and the beneficiary from the legal inheritor (contract number G).

(hereinafter the above two insurance contracts together are referred to as “instant insurance contracts.” The coverage of the instant insurance contracts is as follows.

Contract Number Guarantee Value (100,000,000 General Injury Death (70 years of age) 100,000,000 of General Injury (Death (Death) 30,000,000 of disease death (Death 80,000 of 70), Death (Death 10,000 of 20,000 G General Injury Death (Death 50,000,000 of 10), death 30,000,000 of disease death (Death 10,000 of 10);

C. On February 14, 2018, the Deceased was found to be a dead body in the laundry room around 21:05.

The Defendant paid to the Plaintiff totaling KRW 80,000,000 of the disease death insurance money according to the instant insurance contract.

【Reasons for Recognition】 The descriptions of Evidence Nos. 1, 2, 6, and 1 and 2 of Evidence Nos. 1 and 2 (including each number), and the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion was deceased due to external factors, not due to disease or physical form, because the deceased did not suffer from ordinary disease. The Defendant is obligated to pay KRW 250,000,000 to the Plaintiff according to the insurance contract of this case, and the Plaintiff received only KRW 80,000,000 from the Defendant, and thus the Plaintiff claimed the remainder of KRW 170,000,000 and damages for delay.

B. According to the terms and conditions of the instant insurance contract (Evidence A) that determine the cause of the claim, the general injury death insurance money was directly suffered from an injury to the body of an alien due to a sudden and unexpected accident during the insurance period.

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