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(영문) 서울중앙지방법원 2017.08.17 2016가단5184295
보험금
Text

1. Each of the plaintiffs' claims is dismissed.

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

Reasons

1. Facts of recognition;

A. On July 18, 2012, the network E (hereinafter “the deceased”) entered into an insurance contract with the Defendant for the deceased, the beneficiary at the time of the death of the insured, the statutory inheritor, and the insurance period from July 18, 2012 to July 18, 2034, with the insurance amount of the general injury and death disability security clause as KRW 100,000,000 (hereinafter “instant insurance contract”).

B. On April 1, 2015, at around 10:00, the Deceased left a cleaning house near the restaurant in the restaurant run by his own in the Chungcheongnam-gu, Chungcheongnam-si F, and did not return to the restaurant while talking with the dong residents. Accordingly, the Plaintiff discovered that the Deceased was used in the toilet, and that the Deceased was sent to the hospital at around 10:40 along with the dong residents, but died.

C. The special terms and conditions regarding the injury of the instant insurance contract (hereinafter “instant terms and conditions”) stipulate as follows.

1. The company under Article 2 of the General Terms and Conditions of Disability (Types and Grounds for Payment of Insurance Money) shall pay the insurance money agreed upon to the beneficiary (person receiving the insurance money) when any of the following events occurs to the insured (person subject to insurance):

1. Injury during the insurance period of this Special Terms and Conditions (excluding bodily assistance equipment, such as artificial organs or parts, but excluding bodily assistance equipment, such as artificial organs or parts, due to an accident which has occurred or may occur during the insurance period, and which takes place as a substitute for its function;

(i)in the case of death as a direct result of the injury sustained (hereinafter referred to as “injury”), the full amount of the insurance coverage amount of this Special Terms and Conditions shall be paid to the beneficiary (person receiving the insurance money, and if no beneficiary is designated, the heir of the insured (person insured).

[Ground for Recognition]: A without dispute, Gap 3.

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