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(영문) 서울중앙지방법원 2018.03.29 2017가합542883
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 26, 2011, the Plaintiff entered into an insurance contract between the Defendant and the Defendant, a stock company with the purpose of insurance business (hereinafter “the network”), with the insured (hereinafter “the insured”), the Plaintiff, the beneficiary, and the insurance period from February 26, 201 to February 26, 2038 (hereinafter “the instant insurance contract”).

Of the terms and conditions applicable to the instant insurance contract (hereinafter “instant terms and conditions”), the parts relating to the instant case are as follows:

Article 18 (Types and Grounds for Payment of Insurance Money) A company (referring to "defendants"; hereinafter the same shall apply) shall pay the insurance money, etc. agreed upon to the beneficiary (person receiving the insurance money) (referring to the Schedule of Standards for Payment of Insurance Money in attached Table 1), if any of the following events occurs to the insured (person receiving the insurance money):

2. Death of an insured person due to a traffic accident other than a traffic accident during the use of mass transit during the insurance period: Article 20 (Insurance Accidents for which No Insurance Money is Paid) (1) The company shall not pay the insurance money or exempt the payment of the insurance premium when any of the following events occurs to cause the payment of insurance money:

1. Where the insured (person to be insured) intentionally damages himself/herself: Provided, That the same shall not apply to any of the following cases:

If the insured (person subject to insurance) has impaired himself/herself in a situation that is unable to make a free decision due to mental disorder, etc., the insured (person subject to insurance) is unable to make a free decision due to mental disorder, etc. and has caused his/her death and the cause of death is "traffic disaster other than a traffic disaster in the use of public transportation", the "insurance proceeds for death of traffic disaster"

Article 34. Insurance proceeds, etc.

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