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(영문) 서울중앙지방법원 2019.06.19 2018가단5177499
보험금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of background;

A. The Plaintiffs jointly engaged in coastal and inshore fisheries, and operated E, which is other transit fishing vessels.

B. On April 28, 2003, the Plaintiffs concluded a collective security insurance contract (hereinafter “instant insurance contract”) between the Defendant and 12 insured workers in labor service (12 Plaintiffs and 11, the policyholders, and the insurance period from April 28, 2003 to April 28, 2013, which includes a special agreement for death in a specific disaster (hereinafter “instant insurance contract”).

After the change of the insured, F was included in the insured of the instant insurance contract.

C. The terms and conditions of the instant insurance contract (hereinafter “instant terms and conditions”) stipulate as follows.

Article 15 (Types and Grounds for Payment of Insurance Money) The Company shall pay the insured money agreed upon to the beneficiary when any of the following events occurs to the insured:

1. When the primary insured becomes disabled of Grade I in the disability classification table due to a death or disaster directly caused by a disaster during the insurance period: Payment of the insurance proceeds for death from a disaster (50,000,000);

2. When the primary insured becomes disabled by class 1 in the disability classification table due to a cause other than a disaster: The primary insured during the insurance period: Article 16 (Detailed Provisions for Payment of Insurance Money) of the General Death Insurance Money Payment x even if a disaster occurs to the insured during the effective period, and the contract becomes null and void, if any cause referred to in subparagraphs 2 through 4 of Article 15 occurs within one year from the date of the disaster, the company shall assume responsibility therefor;

Article 15 subparagraph 1 or 2 of the Civil Code includes cases where the death or death of a ship is declared missing during the insurance period, and it is recognized by a government agency as deceased due to reasons corresponding to Article 27 (Declaration of Disappearance) (2) of the Civil Code, such as the sinking of a ship and the fall of an aircraft, or a disaster prescribed by the Disaster Classification Table.

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