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(영문) 광주지방법원 2020.01.22 2019나54930 (1)
보험금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. The total costs of the lawsuit shall be borne by the defendant.

Reasons

1. Basic facts

A. On December 14, 2009, the Plaintiff entered into a D insurance contract with the Defendant with the following content (hereinafter “instant insurance contract”).

On December 14, 2009: Insured for the insured of the Plaintiff: Injury of the beneficiary E - Death of the beneficiary - Amount insured for the Plaintiff: (1) prime insurance: 60,000,000 won (hereinafter “instant prime contract”) 2: 40,000 won under the instant special agreement for non-payment of dividends (hereinafter “instant special agreement”) 3: (40,000 won under the special agreement for non-payment of dividends; (4) 100,000 won under the special agreement for non-payment of dividends; (3) 100,000,000 won under the non-payment of dividends; (10,000 won under the non-payment of dividends; (30,000 won under the special agreement for non-payment of dividends; (4) 1,00,000 won under the non-payment of dividends;

B. Article 15 of the terms and conditions of the instant prime contract provides for “the types and causes for the payment of insurance money” as follows.

If the insured (subject to insurance) becomes disabled by at least 80% in addition to the rate of disability payment for the same disaster (referring to the disaster prescribed in attached Table 2; hereinafter the same shall apply) or for the same cause other than disaster in the table of classification of death (refer to attached Table 3) during the insurance period, the company will pay the death benefit agreed upon to the beneficiary (subject to insurance) (refer to the attached Table 1).

C. Article 11 of the Terms and Conditions of the instant special agreement provides for “the types and causes for the payment of insurance money” as follows.

The Company will pay 100% of the subscription amount under the special agreement to the beneficiary (person receiving the insurance) if the insured (person subject to insurance) dies or if he becomes a beneficiary of the same disaster (referring to a disaster as provided for in the Disaster Classification Schedule of attached Table 1; hereinafter the same shall apply) or if he/she becomes a beneficiary of at least 80% of the subscription rate for various physical parts due to the same cause other than a disaster, during the insurance period of this special agreement.

The Plaintiff’s spouse and the insured E, the insured of the instant insurance (hereinafter “the deceased”) shall be chosen on June 11, 2015.

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