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(영문) 서울서부지방법원 2015.07.02 2015가단210586
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 11, 2002, the Plaintiff entered into a mutual aid agreement for life security (hereinafter “instant mutual aid agreement”) between the Defendant and the Defendant as “insured: B (the Plaintiff’s mother); the insurance period from January 11, 2002 to January 11, 2012; the amount of the disaster death benefit: 50,000,000 won; and the beneficiary (the time of death): the amount of non-payment made by the Plaintiff, but the agreement for life security mutual aid (hereinafter “instant mutual aid agreement”).

B. The terms and conditions of the instant mutual aid agreement are as follows.

Article 10 (Types and Grounds for Payment of Mutual Aid Fund) The Nonghyup shall pay the Insured Mutual Aid Fund (see attached Table 1 “Mutual Aid Fund Standards Table”) to the Beneficiary (hereinafter “beneficiary”) when any of the following events occurs:

1. If the beneficiary dies due to a disaster (hereinafter referred to as "disaster") set forth in attached Table 2 (Disaster Classification Table) during the period of mutual aid: Mutual aid money for death of a disaster;

2. Where the beneficiary becomes disabled in Grades 1 through 6 in the disability classification table (hereinafter referred to as “the disability classification table”) set forth in attached Table 3 during the period of mutual aid: Provided, That in cases falling under subparagraph 1 of Article 10 (Types and Grounds for Payment of Mutual Aid Money), it shall be deemed that the beneficiary died even when the beneficiary is declared missing because his/her life or death is unclear.

However, if it is recognized by a government agency as deceased due to reasons or accidents corresponding to Article 27(2) of the Civil Act, such as the sinking of a ship and the fall of an aircraft, and if it is entered in the family register in accordance with the report of death of the government agency, it shall be recognized that the time

(Attached Table 1) Criteria Table for the payment of mutual aid

1. Grounds for paying mutual aid money: The same as attached Table 1 of the terms and conditions of mutual aid money for life security as in the table of disaster classification in case the beneficiary dies due to a disaster (attached Table 2); and

C. Attached Table 1 to the terms and conditions of the instant mutual aid agreement refers to “disaster”, provided that it is an friendly accident.

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