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(영문) 수원지방법원 2018.04.25 2016가단802428
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. The terms and conditions of the insurance contract and the content of the terms and conditions 1) The Plaintiff, the husband, on January 4, 2006, shall be the deceased C (hereinafter “the deceased”).

) Upon the death of the beneficiary upon the death of the insured, the Defendant (the first company was D Co., Ltd.) whose name was changed to the current trade name on October 9, 2012.

2) E contract (hereinafter referred to as “instant prime contract”)

(2) A special agreement to provide disaster security (hereinafter referred to as “instant special agreement”) with a separate amount of KRW 50,000,000,000,

2) Article 16 subparag. 1 of the terms and conditions of the instant prime contract provides that the insured shall pay the death insurance amount if he/she dies during the insurance period. Article 18(1)1 of the instant prime contract provides that the insured shall not pay the insurance amount if he/she intentionally injures himself/herself; however, it is proved that the insured has impaired himself/herself without free decision-making due to mental illness, etc. and that the insured commits suicide after two years from the date of commencement of the contract guarantee.

3) Article 9 subparag. 1 of the terms and conditions of the instant special agreement provides that, where the insured dies due to a disaster specified in the disaster classification table (see attached Table 4 below) that occurred during the insurance period, the term and conditions of the instant special agreement shall be deemed to apply mutatis mutandis to the matters not stipulated in the instant special agreement under Article 15(1) without providing the same provision as Article 18(1)1 of the terms and conditions of the instant special agreement. 【Disaster No. 4 disaster classification table of attached Table 4” refers to a contingency accident, which is an accident under the following classification table:

16. If an animal is missing in fire; 17. Other threats to pulmonary confinement of a fire.

B. On December 13, 2014, the deceased’s death was recovered from the Hacheon-gun F, Chungcheongnamcheon-gun, the residence of which was around 13:10 on December 13, 201, and was in a bath.

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