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(영문) 광주지방법원 2019.03.29 2018나59952
보험금
Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. F (hereinafter “the deceased”) served as a regular business at H Association (hereinafter “H Association”) and died on December 26, 2014 through a stairs window between the 10th, Jdong-dong, and the rooftop.

As the inheritor of the deceased, there are plaintiffs A and B and C, who are their spouse, and their children.

The insurer’s life insurance period of the insurance contract of this case, the beneficiary of the death of the beneficiary of the insurance coverage of the insurance contract of this case from May 28, 2010 to May 28, 2030, the General Injury Death and Additional Security Clause 20 million won, Plaintiff A2 M insurance contract of this case from March 30, 2012 to March 30, 2042, the general injury death at the end of new shares, the amount of KRW 100 million in the Special Clause for the Guarantee of Disability Compensation from August 29, 2014 to August 29, 204, and KRW 30 million in general injury death at the end of August 29, 2014 to Defendant EN Insurance Co. 4, Jan. 17, 2015 to January 17, 2017, and death at the court of law.

B. The Deceased concluded each insurance contract with the Defendants operating the insurance business as listed below.

[K] Article 1(1) of the General Conditions on Security for the Death and Ex Post Facto Disability (Compensation for Damages) (D) of the General Terms and Conditions on Security for the Death and Ex Post Facto Injury, if the Insured suffered bodily injury due to a sudden and ex post facto accident during the period of time covered by the Mutual Aid Agreement as stated in the Mutual Aid Agreement, D shall compensate for the damage resulting from the injury in accordance with this Special Clause

Article 2 (Non-Compensation Damages) (1) D shall not be compensated for any damage arising from the following causes:

1. Intentions of the beneficiaries;

3. Intention's intention;

4. The beneficiary's self-injury, suicide, attempted suicide, criminal acts under the Criminal Act or acts of violence (Provided, That the self-defense under the Criminal Act, emergency evacuation, or legitimate acts shall be set aside after compensating for such acts).

6. The defect or mental illness of the beneficiary or Article 3 (Mutual Aid Money for Death) (1) D shall be within two years from the date of the accident directly resulting from the injury suffered by the beneficiary due to the accidents as referred to in Article 1 (Compensation for Damage).

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