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(영문) 서울중앙지방법원 2020.07.16 2017나60361
보험금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is the mother of the deceased C (hereinafter “the deceased”).

B. On June 4, 2013, the Plaintiff and the Defendant entered into a D insurance contract with the insured, the Deceased, the Plaintiff, the secured amount, KRW 100,000,000,000,000,000,000,000 from June 4, 2013 to June 4, 207.

(hereinafter “instant insurance contract”). C.

The main contents of the terms and conditions of the instant insurance contract (hereinafter “instant terms and conditions”) are as follows.

Article 16 (Types and Grounds for Payment of Insurance Money) of the General Terms and Conditions (Types and Grounds for Payment of Insurance Money) If any of the following events occurs to the insured (person insured) during the death of the insured, the company shall pay the beneficiary (person receiving the insurance money) the agreed insurance money

(1) Injury during the term of insurance (excluding bodily assistance equipment, such as artificial organs or parts, but including artificial organs or parts, which are transplanted and substituted for its function, due to any accident or accident which happens during the term of insurance.

) If he/she has suffered an injury, hereinafter referred to as "Bodily Injury" and died as a direct result (other than death due to a disease), he/she shall pay the beneficiary (person receiving the insurance) the full amount of the insurance coverage as the death insurance.

Article 18 (Reasons for Not Paying Insurance Money) The Company shall not pay Insurance Money when any ground for paying Insurance Money occurs pursuant to any of the following cases:

(1) The insured person shall be intentionally liable to make a free decision due to mental disorder, etc.: Provided, That where the insured person has damaged himself/herself while he/she is unable to make a free decision due to mental disorder, the insurance money shall be paid to him

Article 29 (Contract by Fraud) The contractor or the insured (Subject Matter of Insurance) shall pass the diagnosis procedure by means of an acting diagnosis or medication, or shall conclude it before the date of forgery or offer of a medical certificate.

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