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(영문) 서울중앙지방법원 2015.11.25 2015가단121704
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 February 13, 2005, the Plaintiff’s husband B entered into an insurance contract for non-distribution for dividends with the Defendant on February 13, 2005, with the Plaintiff’s beneficiary, entered into a special agreement for non-payment of KRW 100 million for accident death insurance (hereinafter “instant special agreement for accident death”). The main contents of the instant special agreement for accident death are as follows.

Article 6 (The First Special Agreement Premium and the Effective Date of Liability for Special Agreement) The Company shall assume the responsibility as prescribed by this Clause from the date when it accepts the subscription for the special agreement and receives the first special agreement premium (not including any of the terms and conditions in the first special agreement).

(hereinafter ) Article 10 (Types and Grounds for Payment of Insurance Money) (1) If the insured under this special agreement dies of a disaster (hereinafter referred to as "disaster") prescribed by the Disaster Classification Table (See attached Table 2) during the insurance period period, or becomes a disability of class 1 in the Disability Classification Table (see attached Table 3), the company shall pay the beneficiary the insurance money agreed on in the Insurance Money Payment Table (see attached Table 1).

Article 12 (Insurance Accidents for which No Insurance Money is Paid) (1) A company may terminate this Special Agreement at the same time as the insurance money is not covered if any of the following events occurs to cause the payment of insurance money:

1. Where the insured has intentionally impaired himself/herself, but this shall not apply where the insured has impaired himself/herself in a state of mental illness, and where the insured has committed suicide after two years from the date of commencing the liability of the special agreement (in cases of an inevitable contract, the date of commencing the reinstatement) or has caused damage to himself/herself, thereby becoming a state of disability of Grade I in

2. Where a beneficiary intentionally damages the insured (the short part omitted);

3. Where the contractor intentionally damages the insured, the term "disaster" means any accident resulting from an contingent external accident, which is referred to in the following classification:

(A) The attached Table 1, and attached Table 2 shall be referred to as the attached Table.

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