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(영문) 서울중앙지방법원 2015.12.11 2015가단5177504
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 September 2, 2008, the Plaintiff entered into an insurance contract with the Defendant and the insured as husband B, with the beneficiary as the Plaintiff, with the general insurance amount of the general death insurance amount of KRW 50 million, and 50 million with the accident death insurance amount of KRW 50 million, and entered into the Greening Policy (hereinafter “instant insurance contract”).

B. B, on May 15, 2014, 12:48, Dasan C, 113 Dong 1306, died by putting a tree on showerer fluor street using electric wires at his house toilets located in 113 Dong 1306.

(hereinafter referred to as “instant accident”) and B (hereinafter referred to as “the deceased”).

After that, on May 22, 2014, the plaintiff paid only KRW 50 million of the general death benefit to the plaintiff, and refused to pay the accident death benefit. D.

Among the insurance contracts of this case, the main contents of the accident death agreement are as follows.

Article 10 (Types and Grounds for Payment of Insurance Money) The Company shall pay the insurance money for death of a disaster agreed upon to the person who receives the insurance money if the person subject to insurance dies due to a disaster that occurred during the period of insurance under this special agreement or if the total rate of disability payment for several physical parts is at least 80% due to the same disaster in the table of disability classification.

Article 12 (Insurance Accidents for which No Insurance Money is Paid) (1) A company may terminate this contract at the same time as not paying insurance money if any of the following events occurs to cause the payment of insurance money:

1. Where an insured person has intentionally impaired himself/herself, but it shall not be proved that he/she has impaired himself/herself in a state that the insured person is unable to make a free decision due to mental illness, etc.;

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1-1, 2, Eul evidence Nos. 2 and 3, the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. The instant accident is caused by the Deceased.

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