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(영문) 서울중앙지방법원 2017.09.14 2017가단5070904
보험금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. B (hereinafter “the deceased”) concluded a contract with the Defendant on January 15, 2014 during the contract period from January 15, 2014 to January 15, 2061 with the deceased, and (i) non-LIG flusing Health Insurance Co., Ltd. (including a general injury death agreement and a special agreement, etc. on general injury after death and death of general injury; hereinafter “instant insurance contract”) with the beneficiary as the deceased’s husband. The Plaintiff is one of the legal successors as the deceased’s husband.

B. According to the General Injury Death Special Clause (Article 2), which is included in the contents of the insurance contract of this case, the company shall provide that "the insured (person insured) shall be paid the full amount of the insurance coverage of this Special Clause to the beneficiary [the beneficiary (the beneficiary of the insurance, if the beneficiary is not designated as the beneficiary, the heir of the beneficiary (the beneficiary of the insurance)] of the General Injury Death Insurance Contract as a result of the direct result of the injury [which excludes physical assistive equipment, such as any sudden and unexpected accident that occurred during the insurance period, but includes cases where the body is transplanted, such as artificial organs or parts, and the body is transplanted and its function is replaced; hereinafter the same shall apply] during the insurance period of this Special Clause."

C. The general terms and conditions applicable mutatis mutandis under the General Injury Death Special Clause (Article 5) and the General Terms and Conditions applicable mutatis mutandis under the General Injury Death Special Clause (Article 5), and the Special Terms and Conditions for the Ex Post Facto Disability (Article 5) (hereinafter “instant General Terms and Conditions”) provide for one of the following:

Article 17 (Grounds for Not Payment of Insurance Proceeds) A company shall not prevent insurance proceeds when any of the following events occurs to cause the payment of insurance proceeds:

1. The insured;

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