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(영문) 서울중앙지방법원 2017.05.11 2016가단5172759
보험금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On August 31, 2010, D entered into a non-dividend S-MRE new accident insurance contract with the Defendant, the insured as E, the heir, with the beneficiary of death, and with a general accident death insurance amount of KRW 60,000,000, with the beneficiary of death as the heir.

(hereinafter “instant insurance contract”). (b)

The main contents of the terms of the instant insurance contract are as follows.

Article 19 (Types and Grounds for Payment of Insurance Money) of the General Terms and Conditions of Undividend Accident Insurance for the Company shall pay the insurance money agreed upon to the beneficiary (person who receives the insurance money) when any of the following events occurs to the insured (person insured):

4. Where a person becomes disabled at least 80% by adding up the rates of disability payments for various physical parts due to a disaster other than a traffic accident during the insurance period: The company under Article 21 (Insurance Accidents for which No Insurance Money is Paid) shall not pay insurance money when any of the following events occurs when a cause for paying insurance money occurs due to the death of another person due to a disaster other than a traffic accident:

1. Where the insured (person to be insured) intentionally injures himself and causes his death: Provided, That this shall not apply to any of the following cases:

If the insured (person subject to insurance) causes the death of himself/herself in a situation where he/she is unable to make a free decision due to mental disorder, etc., he/she shall pay the insurance proceeds for death of disaster

(b) If a person commits suicide after the lapse of two years from the date of commencement of the contract guarantee, he shall pay the liability reserve at the time of death accumulated by the company as stipulated in the “Written Guidelines for Calculating Insurance Premiums and

C. On August 8, 2014, the insured Party E, of the instant insurance contract, was found to have died after hanging necks using the stoves from the wall stoves located in Suwon-si F, Suwon-si.

hereinafter referred to as "the case."

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