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(영문) 서울중앙지방법원 2015.08.20 2014가합584275
보험금
Text

1. The defendant has 6% per annum from August 8, 2008 to December 9, 2014 to each of the plaintiffs as to 10,000,000,000, respectively.

Reasons

1. Basic facts

A. On April 14, 2006, C entered into a life insurance contract under which the insured is to be paid KRW 50,000,000 of the insurance money when the insured is dead as a legal inheritor (hereinafter “principal contract of the instant insurance contract”), and in addition, entered into a life insurance contract under which the insured is to be paid KRW 50,000,000 of the insurance money when the insured is dead as a legal inheritor, and in addition, entered into a life insurance contract under which the insured amount was KRW 200,000 (hereinafter “instant special agreement”) with the Defendant, and paid one insurance premium once

B. On July 28, 2008, C (hereinafter “the deceased”) committed suicide with C’s own crypium in Chungcheongnam-gun, Chungcheongbuk-gun, and the Plaintiffs, their parents, inherited 1/2 each of the deceased’s property.

C. On August 4, 2008, the Plaintiffs claimed insurance proceeds from the instant accident to the Defendant. On August 6, 2008, the Defendant paid KRW 50 million to the Plaintiffs general death insurance proceeds under the instant life insurance contract.

The terms and conditions of the instant insurance contract and the instant special agreement are as follows.

[The insurance contract of this case] Article 14 [Types and Grounds for Payment of Insurance Money] The company shall pay the insured the insurance money agreed upon to the beneficiary when any of the following causes occurs to the insured:

1. When he/she dies during the insurance period: Article 16 of the amount of his/her insurance coverage [the insured events for which no insurance money is paid] (1) The company may terminate this contract at the same time as it does not cover insurance money when any of the following events occurs:

1. Where a person eligible for insurance intentionally damages himself/herself, but it has been proved that he/she has impaired himself/herself in a state that he/she is unable to make a free decision due to mental illness, etc. and that he/she has committed suicide or has harmed himself/herself two years after the date of commencement of guarantee of contract (in cases of a contract for recovery of efficacy and the date of application for recovery of effect), respectively;

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