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(영문) 서울남부지방법원 2019.05.03 2018가단200819
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. The status of the parties and the conclusion of the insurance contract 1) The Plaintiff is the deceased D (EE and the Deceased).

The deceased and B’s children (On the other hand, the deceased and B agreed around October 2014, and on November 28, 2014, designated and reported the Plaintiff’s exercise of parental authority as the deceased on November 28, 2014.

(2) On October 18, 2013, the Defendant entered into an insurance contract (hereinafter “the instant insurance contract”) with the Deceased, the insured’s legal heir at the time of the Deceased’s death, the beneficiary’s statutory heir at the time of his death, and the insurance period from October 18, 2013 to October 18, 207, with the content that the insured would pay KRW 50,000,000 when the insured died due to a general injury.

Of the insurance clauses applicable to the instant insurance contract, the contents relating to the instant case are as follows.

Article 21 (Reasons for Not Payment of Insurance Money) (1) A company shall not pay insurance money when any of the following events occurs to cause the payment of insurance money:

1. The insured person's intention: Provided, That where the insured person has impaired himself/herself while he/she is unable to make a free decision due to mental disorder, etc., he/she shall be paid insurance money;

B. Around January 8, 2015, the Deceased’s suicide was discovered as a dead body by his/her father around 09:50 on January 8, 2015.

In Seosan-si, G deceased's friendly house (the single house) was smelled on the floor of the room and the gas siren was laid down on that floor, and then died of the death of the forest as an fluorial carbon poisoning by keeping the fluorial carbon at the end of the time.

(hereinafter, this case’s death accident) C.

On January 5, 2018, the Plaintiff’s non-payment of insurance proceeds and the Plaintiff’s non-payment of insurance proceeds against H, I, and J Co., Ltd., other than the Defendant, filed a lawsuit with the Seoul Central District Court (2018da 502892, 2018da 104015, 2040216), but the judgment against the Plaintiff was final and conclusive or the two-time absence was dismissed.

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