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(영문) 서울중앙지방법원 2020.07.24 2017가단5163851
보험금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs are the parents of the network D (hereinafter “the deceased”), and the defendant is the insurer who entered into an insurance contract with the deceased.

B. (1) On August 31, 2016, the Deceased entered into an insurance contract with the Defendant and the insurance period from August 31, 2016 to August 31, 2017; and the Deceased and the beneficiary statutory heir upon death (hereinafter “instant insurance contract”).

(2) The terms and conditions of the instant insurance contract are as follows, and the death insurance amount is KRW 80 million.

Article 2 (Definition of Terms) Unless otherwise defined in other provisions of this Agreement, the definitions of terms used in this Agreement shall be as follows:

1. Terms related to the grounds for payment;

(a) Injury: He/she shall not inflict an injury on his/her body due to a sudden and incidental accident that happens during the insurance period;

Article 3 (Grounds for Payment of Insurance Money) The Company shall pay the insured insurance money agreed upon to the beneficiary in any of the following cases:

1. Where he/she dies as a direct result of an injury during the insurance period (excluding death due to a disease): Article 5 (Reasons for Not Payment of Insurance Money) (1) of the Death Insurance Money (Grounds for not Payment of Insurance Money) shall not be paid insurance money when any of the following events occurs:

1. The insured has intentionally impaired himself/herself: Provided, That he/she shall be paid insurance proceeds when the insured has impaired himself/herself under the condition that he/she cannot make a free decision due to mental disorder, etc.

C. On October 17, 2016, the Deceased’s Deceased committed suicide by selling Scar proton in the toilet door from a toilet at the morning on October 17, 2016

(hereinafter referred to as “instant accident”). 【No dispute exists, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-2, Gap evidence 6, Gap evidence 14, Eul evidence 1-1, and the purport of the whole pleadings.

2. The parties' assertion and judgment

(a)a party’s assertion (1).

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