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(영문) 서울중앙지방법원 2018.08.31 2018가합525854
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. Plaintiff A is the spouse of the deceased E (hereinafter “the deceased”), and Plaintiff B and C are the children of Plaintiff A and the deceased, and the Plaintiffs are the legal successors of the deceased.

Insurance coverage amount of F (securities number: G) insurance coverage amount of insurance coverage of insurance products: 100,000 death (10 years renewed) from July 22, 2015 to July 22, 2081, death of 50,000,000 won (10 years renewed) H (securities number: I) from July 22, 2015 to July 222, 2081, death of 50,000,000 (3 years renewed) death of 50,000 won (3 years renewed) from June 29, 2016 to June 29, 2036, total of 30,000,000 death of 50,000 won.

B. The Deceased concluded each of the following insurance contracts with the Defendant using the Deceased as the insured, the statutory inheritor as the beneficiary of the death benefit.

(hereinafter “each insurance contract of this case”). (c)

Article 2(1)1 of the General Terms and Conditions of each of the instant insurance contracts provides that “The term “injury” means any bodily injury inflicted upon a person due to a sudden and unexpected accident that occurred during the insurance period,” and Article 1 of the Special Terms and Conditions of Death of each of the instant insurance contracts provides that “The Company shall pay the amount of insurance coverage of the instant Special Terms and Conditions as the amount of injury death insurance in the event the insured, as a result of a direct injury during the insurance period of the instant Special Terms and Conditions.”

On the other hand, Article 5(1) of the General Terms and Conditions of each of the instant insurance contracts provides that “The Company shall not pay insurance proceeds when any of the following causes for the payment of insurance proceeds occurs: ① In case the insured intentionally damages himself/herself: Provided, That it is not possible for the insured to make a free decision due to mental disorder, etc., he/she shall pay insurance proceeds if he/she damages himself

E. At around 22:00 on August 13, 2017, the Deceased fell from the stairs window between the 7,8th floor inside Yangsan-si L Apartment and Mdong (hereinafter “instant apartment”) to the 1st floor outside the said apartment, and (hereinafter “instant apartment accident”).

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