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(영문) 서울중앙지방법원 2018.04.24 2017가단5101938
보험금
Text

1. The Defendants shall pay to each of the Plaintiffs KRW 50,00,000 and each of the above amounts, respectively, from May 30, 2017.

Reasons

1. Under the underlying facts, the following facts do not conflict between the parties, or may be acknowledged by comprehensively taking account of the overall purport of the pleadings in the descriptions of Gap evidence 1-4, Gap evidence 5-1-3, Gap evidence 6, 7, Eul evidence 1, Eul evidence 1-1, Eul evidence 1-2, and Eul evidence 2.

Each insurance contract of this case 1) The network E (hereinafter “the network”).

The Defendant C Co., Ltd. (hereinafter “Defendant C”) who is the insurer on February 16, 2012

B) The F insurance contract between the deceased and the beneficiary as the insured and the beneficiary as the legal inheritor of the deceased (hereinafter “First Insurance Contract”).

A) Under the first insurance contract, the insurance period is from February 16, 2012 to February 16, 2027, and the coverage was paid KRW 100 million to the legal heir in the case of death of injury. (2) On April 28, 2010, the deceased entered into a G insurance contract (hereinafter “Second insurance contract”) with Defendant D Co., Ltd. (hereinafter “Defendant D”) as the insured and with the beneficiary as the legal heir of the deceased.

Under the insurance contract 2, the insurance period from April 28, 2010 to April 28, 2071, and the coverage was paid to the legal heir in the case of death.

3) However, according to the general terms and conditions of each of the instant insurance contracts (Article 21 subparag. 1 and Article 17 of the General Terms and Conditions of Insurance) (Article 21 subparag. 1 and Article 27 of the General Terms and Conditions of Insurance) of the instant insurance contracts, an insurance company shall not prevent insurance proceeds when any of the following events

(1) The insured shall be liable to pay the insurance money to him/her intentionally: 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.

"The insured may make a free decision without paying insurance money for an accident caused by intention of the insured, but the insured may make a free decision due to mental disorder.

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