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(영문) 전주지방법원군산지원 2019.05.14 2018가단53885
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. 1) The Plaintiff (hereinafter “the deceased”) entered into an insurance contract.

(2) On April 4, 2003, the Plaintiff and the Defendant entered into a non-dividend D insurance contract (main standard) containing the following coverage, etc. (hereinafter “instant prime contract”) with the insured as the deceased and the beneficiary upon the death of the deceased, and separately paid the additional premium, and also subscribed to a non-dividend disaster death agreement (hereinafter “instant accident death agreement”). The details of its guarantee are as follows (a combination of the instant prime contract and the instant special agreement for the death of the disaster, and thus, the Defendant paid the insurance premium under the instant insurance contract to the Defendant thereafter.

Cover Period: The prime contract is life, the contents of the General Agreement for Accident Death, and the amount of insurance coverage: KRW 50 million for the prime contract, KRW 100 million for the death insurance under the Special Agreement for Accident Death, and KRW 100 million for the death insurance under the Special Agreement for Accident Death (hereinafter referred to as “instant prime contract”).

(1) Article 14 subparag. 1 of the Insurance Contract provides that an insured person shall be paid insurance money (100% of the amount of insurance coverage) if he/she dies during the insurance period (Article 14 subparag. 1 of the Insurance Contract); however, if the insured intentionally damages himself/herself in the state of mental illness, and if the insured commits suicide after two years from the date of commencement of the contract’s liability, this shall not apply (Article 16(1)1). In addition, the terms and conditions of the instant special agreement for accident death (hereinafter “the instant special agreement for accident death”).

(2) In the event that the insured dies due to a disaster set forth in the disaster classification table that occurred during the insurance period of the above special agreement, the insurance money (100% of the insurance amount) set forth in the special agreement for death of this case shall be paid (Article 8 subparagraph 1 and the above special agreement).

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