logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2018.08.30 2017가합24706
보험에관한 소송
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 12, 2010, the Plaintiff entered into a C insurance contract (basic type, type 2) under which the insured is paid insurance money (hereinafter “instant prime insurance contract”) and entered into a special agreement for non-payment of dividends (hereinafter “special agreement for hospitalization”), and a special agreement for non-payment of expenses for non-payment of dividends (hereinafter “special agreement for non-payment of expenses”), and entered into the instant special agreement for hospitalization, and the instant special agreement for non-payment of expenses (hereinafter “the instant insurance contract”).

B. At the time of entering into the instant insurance contract, the Plaintiff received CDs containing the terms and conditions from the Defendant, and the part relating to the instant insurance contract contained in the said CDs (hereinafter “former Terms and Conditions”) is as follows.

Article 20 (Insurance Accidents for which No Insurance Money is paid) ① The Company may terminate this Agreement at the same time with the failure to pay insurance money or to exempt the payment of insurance premium when the cause for the payment of insurance money occurs pursuant to any of the following cases:

1. Where the insured person has intentionally impaired himself/herself: Provided, That this shall not apply where it is proved that he/she has impaired himself/herself in a state of being unable to make a free decision due to mental illness, etc., and where he/she has caused suicide after two years from the date of commencement of guarantee of contract (the date of application for restoration of effect in cases of an incidental contract) or has harmed himself/herself, thereby causing disability only by at least 80% in addition to the rate of disability payment for several parts of the same disaster in the table of disability classification;

Article 1 (Conclusion and Termination of Special Agreement for Hospitalization) (2) Where any of the following causes occurs, the special agreement shall not become effective from that time:

1. The termination of the contract and other causes; and

arrow