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(영문) 서울남부지방법원 2018.07.20 2017가단220502
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 May 26, 2010, the Plaintiff entered into a D insurance contract with the Defendant with the husband as the principal insured, and the Plaintiff as the beneficiary.

B. At this time, the Plaintiff subscribed to E (hereinafter “instant special agreement”) with the subscription amount of KRW 120,000,000, insurance period of KRW 80, insurance period of KRW 70, insurance premium of KRW 70,200, and monthly payment of the subscription period of KRW 7,200.

C. According to the contents of the instant special agreement, where the insured has died of a disaster that occurred during the insurance period [referring to an contingent external accident corresponding to S00-Y84 under the Korean Standard Disease Classification. In the event of an intentional cause of the accident (X60-X84)] or has become a disability of at least 80% in addition to the rate of disability payment for various physical parts in the same disaster in the same disability classification table, the beneficiary shall be paid KRW 120,000,000 as stipulated in the standard table of the payment of the insurance proceeds. However, “the insured has intentionally impaired himself/herself,” but “the insured shall not be paid insurance proceeds” but “the insured has impaired himself/herself under a condition that it is impossible to make a free decision due to a defect, etc.” is paid the insurance proceeds for death of a disaster.

C, however, on July 6, 2016, in the vicinity of the F apartment in Ansan-si, Ansan-si, which is a residential area, cut down trees by stringing them by string.

E. In this regard, on February 21, 2017, the Plaintiff claimed KRW 120,000,000 as an insurance beneficiary, but the Defendant did not pay the insurance money on the ground that the cause of the accident constitutes intentional self-harm.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 to 4, Gap evidence 3, Gap evidence 4-1, 2, 4, 5, and Gap evidence 5 through 7, the purport of the whole pleadings and arguments

2. Judgment on the plaintiff's claim

A. The Plaintiff’s assertion C (hereinafter “the deceased”) is at the time of the death of the deceased.

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