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(영문) 서울중앙지방법원 2015.01.23 2014가단103846
보험금 및 지연이자
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 February 27, 1995, the Defendant entered into an insurance contract with the deceased B and the Jeju Insured as the Plaintiff’s wife, with the subscription amount of KRW 25 million, and with the subscription amount of KRW 10 million in cancer guarantee agreement (hereinafter “instant insurance contract”). The main contents of the instant insurance contract are as follows:

[State Contract Terms and Conditions] Article 7 (Reasons for Payment of Insurance Money) (1) The Company is bound to pay the insurance money agreed upon to the beneficiary (see attached Table 1, e.g., Standard Table for Payment of Insurance Money) or exempt the insured from the payment of insurance money after the next meeting when any of the following events occurs to the insured:

2. When the principal insured dies due to reasons other than disaster during the 1 insurance period: General death benefit and survivor pension under paragraph 1 (3) 1 and 2 of this Article may be paid in advance at the estimated interest rate of this insurance at the request of the beneficiary of the insurance money in advance.

Table 1 of the Standards for Payment of Insurance Money

2. Details of payment;

B. General death insurance money and survivor pension (Article 7(1)2 of the Terms and Conditions) paid due to the cause of payment of benefit under a marital contract for ten percent each year when the principal insured dies due to a cause other than a disaster during the first insurance period (Article 7(1)2 of the Terms and Conditions), and payment for ten percent each year of the purchase amount of insurance on the date of the occurrence of the insured event (Provided, That for not more than two years, five percent of the purchase amount of insurance and five percent each year of the purchase amount of the insurance on the corresponding day of the occurrence of the insured event) / Article 5(1) of the Cancer Special Clause 5(1) of the General Contract / The Company shall pay the insured the first insurance period (hereinafter referred to as “the first insurance period”) to the beneficiary (hereinafter referred to as “beneficiary”) under any one of the following circumstances under the conditions as stipulated by this special agreement:

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