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(영문) 대전지방법원 2015.11.12 2015가단205144
보험금
Text

1. The Defendant against the Plaintiff A with respect to KRW 10,00,00, KRW 100, KRW 666,66, and each of these money to Plaintiff B, Plaintiff C, and Plaintiff D.

Reasons

1. On August 8, 2007, the Plaintiff A entered into a contract with the Defendant on August 8, 2007 with the insured as the husband of the Plaintiff, who was the Plaintiff’s husband, and entered into a contract with the Defendant for the Non-dividend Tup II (S0704). The said insurance is the insured’s payment of KRW 20 million and KRW 10 million as insurance money in the event of the death of the insured due to an injury. The insured’s net E died in a qualitative manner with pressure around April 10, 2012. The Plaintiffs refused to pay the insurance money to the Defendant on April 23, 2012. The fact that the Plaintiff B, the Plaintiff C, and the Plaintiff D, the wife’s heir, did not dispute between the parties, or that there was the entire purport of the arguments in each of subparagraphs 1, 2, and 3.

According to the above facts, the death of the deceased E constitutes an insured accident of injury or death stipulated in the above insurance contract, so the defendant, the insurer, should pay 30 million won of the insurance money stipulated in the above insurance contract to the plaintiffs, the heir of the deceased E, according to their shares of inheritance.

Therefore, the Defendant is obligated to pay the Plaintiff A 10,00,000, KRW 6,666,66, and each of these money to the Plaintiff from January 1, 2013 to March 19, 2015, the delivery date of a copy of the complaint of this case, which is 6% per annum under the Commercial Act, 20% per annum from the next day to September 30, 2015, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

2. Judgment as to the defendant's motion for discharge

A. The defendant's assertion that the above insurance contract provides that the insurance accident caused by the policyholder's intentional act does not compensate for the insurance accident, and that the death of the network E was caused by the murder by the plaintiff A's intentional act, the policyholder, and thus, the defendant is exempted from liability.

B. Determination A. 6.

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