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(영문) 서울중앙지방법원 2016.05.10 2015가합567901
보험금
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On July 31, 2003, D entered into an insurance contract with the Defendant for non-distribution disaster death (hereinafter “instant special agreement”) with the beneficiary of E, the beneficiary of E, the insured, the heir, the insurance period, and the insurance amount as KRW 100 million, with the insurance amount as KRW 100 million (hereinafter “instant main contract”). At the same time, D entered into an insurance contract for non-distribution disaster with the insurance amount as KRW 300 million.

B. Around April 7, 2015, E (hereinafter referred to as “the deceased”) committed suicide by hanging trees at his home (hereinafter “the instant accident”), and as a statutory inheritor, the Plaintiff A, the wife of the Deceased, and the Plaintiff B and C, the deceased’s children, inherited the property at their respective 2/7 ratios.

C. On September 2, 2015, the Plaintiffs claimed insurance proceeds from the instant accident to the Defendant. On October 15, 2015, the Defendant paid KRW 100 million to the Plaintiffs general death insurance proceeds under the instant prime contract.

The terms and conditions of the instant prime contract and the special agreement for accident are as follows.

[Terms and Conditions of this case] Article 17 / [Types and Grounds for Payment of Insurance Money] The Company shall pay the death insurance money (see attached Table 1, e.g., Table 1) agreed to the beneficiary when the insured dies during the period of insurance (life) or becomes disabled in the first degree in the disability classification table.

Article 19 [Insurance Accidents for which no Insurance Money is paid] (1) A company may terminate this contract simultaneously with the failure to pay insurance money or to exempt the payment of insurance premium when any of the following events occurs:

1. The state of disability of class I in the disability classification table shall be the case where the insured has intentionally impaired himself/herself in the state of mental illness, but two years have passed since the date of commencement of responsibility for the contract (in the case of an inevitable contract, the date of reinstatement) and the insured has committed suicide or has harmed himself/herself;

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