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(영문) 서울서부지방법원 2016.06.28 2015가단245162
보험금
Text

1. The Defendant shall pay to the Plaintiff KRW 100,000,000 and the interest rate of KRW 15% per annum from December 12, 2015 to the date of full payment.

Reasons

1. Basic facts

A. On March 29, 2002, the Plaintiff: (a) purchased the insurance contract with the Plaintiff’s husband B and the beneficiary as the Plaintiff himself; and (b) purchased the insurance contract with the Defendant’s (T) Fladrad, the Defendant’s management; and (c) purchased the insurance contract with the insurance contract with the Defendant as the principal contract (from March 29, 2002 to March 29, 2039, the insurance period of KRW 100,000,000, the insurance amount of KRW 100,000, and the insurance amount of KRW 100,000,000).

B. The terms and conditions of the instant accident death agreement stipulate the following:

Article 10 (Types and Grounds for Payment of Insurance Money) The Company shall pay to the beneficiary the insurance money agreed in the Schedule of Standards for Payment of Insurance Money (See attached Table 1), if the insured has died of a disaster that occurred during the period of insurance under this special agreement or becomes a disability of class 1 in the Schedule of Disability Classification.

Article 12 (Insurance Accidents for which No Insurance Money is Paid) (1) The Company may terminate this Agreement at the same time as not paying insurance money if any cause for the payment of insurance money occurs due to any of the following cases:

1. Where the insured has intentionally impaired himself/herself: Provided, That this shall not apply where the insured has impaired himself/herself in a state of mental illness, and where he/she commits suicide after two years from the date of commencement of liability (in cases of an inevitable contract, the date of reinstatement) and thereby has become a state of disability of class I in the table of disability classification;

C. Meanwhile, the term “disaster classification table” of the terms and conditions of the instant accident death agreement provides that the term “disaster classification table” is the same as that of the main contract terms and conditions, and the term “disaster classification table” of the instant main contract terms and conditions refers to a contingency accident, but if a person who has a disease or physical constitution, suffers from a minor external factor or becomes worse due to a minor external factor, the minor external factor is a contingency accident.

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