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(영문) 서울중앙지방법원 2020.09.15 2020가단5048693
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 January 3, 2013, the Plaintiff entered into an insurance contract with the Defendant during the period from January 3, 2013 to January 3, 2050, and concluded E (including general injury death special agreement; hereinafter “instant insurance contract”) with the insured network C (the Plaintiff’s leakage by D students; hereinafter “the deceased”), the beneficiary of death insurance, the Plaintiff, and the Plaintiff at the time of death, with the insurance amount of KRW 50,000,000.

B. Under the instant insurance contract’s terms and conditions, the terms and conditions relating to the instant insurance contract’s ordinary terms and conditions and special terms and conditions are as follows.

Article 4 (Invalidation of Contracts) of the General Terms and Conditions shall be invalidated in any of the following cases, and the insurance premium already paid shall be refunded:

1. Where the consent of the insured in writing is not obtained by the time of conclusion of the contract with the death of another person as payment of insurance money;

2. Where a person under 15 years of age, a mentally defective person, or a mentally weak person is liable to pay insurance proceeds, the insured (person subject to insurance) specified in Article 1 of the General Terms and Conditions of Death (Types and Grounds for Payment of Insurance Money) of the General Terms and Conditions of the Death Insurance is deceased as a direct result of the injury that occurred during the insurance period of this Special Terms and Conditions (excluding death caused by a disease): The total amount of the general injury and death insurance proceeds shall be paid as the insurance proceeds of general injury and death;

The injury of the Literacy: He shall not inflict any bodily injury on his body due to any sudden and incidental accident which happens during the insurance period.

Body: To exclude physical assistive devices, such as artificial organs, artificial organs, parts, dys, etc., but include cases where the body is transplanted and its function is replaced by others.

Article 3 (Reasons for Not Payment of Insurance Money) (1) A company shall not prevent insurance money when any of the following events occurs to cause the payment of insurance money:

1. The intention of the insured;

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