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(영문) 서울남부지방법원 2017.05.11 2016가단219246
보험금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On February 13, 2004, D entered into an insurance contract (i.e., a non-life insurance contract) with the Defendant, which provides that the insured shall be paid for the death or disability of the insured as a statutory heir upon the death of the beneficiary as a statutory heir (hereinafter “instant prime contract”), and entered into a special agreement between D and the Defendant on February 13, 2004 (hereinafter “each of the instant special agreements”). In addition, D made an additional premium payment and KRW 50,000,000,000,000,000,000,000,000, of the subscription amount for disaster death insurance (hereinafter “each of the instant special agreements”). In addition to the instant prime contract, D and D entered into the instant insurance contract with the beneficiary as a statutory heir.

B. Terms and conditions incorporated into the content of the instant insurance contract are as follows.

[State Contract Terms and Conditions] Article 18 (Types and Grounds for Payment of Insurance Money) The Company shall pay the insurance money agreed upon to the beneficiary (see attached Table 1, e.g., Schedule of Insurance Money Payment) to the insured when any of the following events occurs:

1. Where the insured dies during the insurance period or becomes a state of disability of class 1 in the disability classification table: Article 20 (Insurance Accidents for which No Insurance Money is Paid) (1) of the Death Insurance Money Act may be terminated simultaneously with the failure to pay insurance money or to exempt the payment of insurance money if any ground for the payment of insurance money occurs due to any of the following cases:

1. Where the insured has intentionally impaired himself/herself, but 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 responsibility for the contract (in cases of an inevitable contract, the date of reinstatement) or has caused harm to himself/herself, thereby becoming a state of disability of Grade I in the

[Terms and Conditions of Special Agreement for Disaster Death] Article 11 (Types and Grounds for Payment of Insurance Money) Company is among the following matters:

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