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(영문) 서울남부지방법원 2018.09.21 2016가단266327
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. The Plaintiff is the spouse of the deceased D (hereinafter “the deceased”), and the Plaintiff B and C are children between the Plaintiff and the Deceased.

B. On January 7, 2016, the Deceased Co., Ltd. entered into the first insurance contract: (a) between the Defendant and the Defendant on January 7, 2016, the insured was the deceased; (b) statutory inheritors at the time of the deceased’s death; and (c) the insurance period from January 7, 2016. In the event of the death of the insured, the insured entered into a Raf Partners social life insurance contract (hereinafter “the first insurance contract”) with the content that the Defendant pays KRW 100 million of the death insurance amount; and

Article 3 (Grounds for Payment of Insurance Money) If the insured dies during the insurance period (of life), the company shall pay the death insurance money agreed upon to the beneficiary (referring to attached Table 1).

Article 5 (Cases where Insurance Money is not paid) The Company shall not pay insurance money or exempt the payment of insurance premium when any of the following causes for the payment of insurance money occurs:

1. Where the insured intentionally damages himself/herself: Provided, That he/she shall pay the insurance proceeds if any of the following applies:

The insured has impaired his/her reputation in the state of being unable to make a free decision due to mental disorder, etc.

C. On May 28, 2014, the Deceased Co., Ltd. concluded a second insurance contract with the Defendant: (a) the insured was the deceased; (b) the statutory inheritor at the time of the deceased’s death; and (c) the period of the insurance from May 28, 2014; and (d) the term of the insurance was the end of the life insurance contract with the effect that KRW 100 million is paid upon the death of the insured; and (b) the key contents of the insurance contract are as follows.

Article 3 (Grounds for Payment of Insurance Money) Where an insured person dies during the insurance period, the company shall set forth in attached Table 1 of the death benefit agreed upon with the beneficiary.

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