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(영문) 전주지방법원 2019.05.31 2016가단37756
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 16, 2015, the Plaintiff and C’s mother concluded an insurance contract with the Defendant with respect to D insurance products with the amount of KRW 50,000,000,000 (hereinafter “instant insurance”) purchased life insurance for the Plaintiff, the insurance beneficiary’s life period, KRW 50,000,000 upon the death of the Defendant, and KRW 20,000,000 under a special agreement for disaster death (the maturity date January 16, 206).

(hereinafter “instant insurance”). (b)

The main contents of the terms and conditions of the life insurance contract, the main contract of the instant insurance (hereinafter “instant insurance contract”) are as follows.

Article 3 (Grounds for Payment of Insurance Money)

1. Where the insured dies during the cover period: Death insurance money;

2. If the insured is living until the expiration of the first insurance period: Article 5 (Reasons for Not Payment of Insurance Money) of the Health Insurance Fund Act shall not be paid insurance money when any of the following events occurs, and shall not be exempted from the payment of insurance money:

1. Where the insured intentionally damages himself/herself: Provided, That in any of the following cases, he/she shall pay insurance proceeds or be exempted from the payment of insurance premiums:

The insured has impaired himself/herself in the state of being unable to make a free decision due to mental disorder, etc.

(b) Where a person commits suicide two years after the date of commencement of guarantee of a contract, he/she shall be paid the death benefit as prescribed in Article 3;

2. Where the beneficiary intentionally damages the insured;

3. A disaster classification table in attached Table 2, if the contractor intentionally damages the insured.

2. Where an accident for which insurance proceeds are not paid is asserted, insurance proceeds shall not be paid in the Disaster Classification:

(2) In cases where the cause of an accident is:

C. The insurance of this case, which is a special contract for accident death, is called the insurance of this case.

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