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(영문) 창원지방법원마산지원 2020.01.16 2019가단103037
보험금 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are married couple, and the network D (hereinafter “the network”) are married with the Plaintiffs.

B. On October 12, 2010, Plaintiff B entered into a death insurance contract with the Defendant, the Deceased, the Deceased, the Insurance Period from October 12, 2010 to October 12, 2094, with the beneficiary’s statutory heir, the death insurance amount of KRW 100,000,00 (hereinafter “instant insurance contract”), and paid the insurance premium to the Defendant in accordance with the instant insurance contract.

C. Article 17(1) of the instant insurance contract provides, “The Company shall not prevent insurance proceeds when any of the following causes for the payment of insurance proceeds occurs.” Article 17(1) of the instant insurance contract provides, “The Insured shall be intentional: Provided, That where the insured damages himself/herself under the circumstance that he/she cannot make a free decision due to a mental disorder, etc., he/she shall be paid the relevant insurance proceeds under the grounds for the payment of insurance proceeds

On December 3, 2017, at around 19:25, the Deceased died on December 3, 2017 from the Changwon-si E apartment and F, the residence of the Deceased, and the G, the male birth, falling into the following chemical group, and died on the same day at around 20:43.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including the number with each number), and the purport of the whole pleading

2. Summary of the parties' arguments

A. The Plaintiffs asserted that the Deceased died from the body out of beera in the extreme and uneasible state of mental co-operation, which is controversial and uneasible with G, who is a male-born G, and thus constitutes an exception to the exemption from liability under Article 17 subparag. 1 of the terms and conditions of the instant insurance contract, which is the exception of the exemption from liability under Article 17 subparag. 1 of the instant insurance contract.

Therefore, the defendant shall pay the insurance money under the insurance contract of this case to the plaintiffs.

B. The death of the deceased alleged by the Defendant cannot be freely decided due to the defectiveness, etc.

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