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(영문) 서울중앙지방법원 2015.11.13 2015가합534970
보험금
Text

1. Plaintiff A’s claim against Defendant A Life Insurance Co., Ltd. and Defendant A Life Insurance Co., Ltd.

Reasons

1. Basic facts

A. The plaintiff A is the deceased's spouse of the deceased E (hereinafter "the deceased"), and the plaintiff B, C, and D are children between the plaintiff and the deceased and the deceased's legal heir.

B. On April 16, 2007, the Plaintiff A entered into a mutual aid agreement between the Defendant Nonghyup Life Insurance Co., Ltd. and the deceased and the beneficiary designated the beneficiary as Plaintiff A to enter into said mutual aid agreement (hereinafter “instant first mutual aid agreement”). On March 2, 2009, the Plaintiff A and the beneficiary entered into the mutual aid agreement between the Defendant AN Life Insurance and the insured as the deceased’s and the beneficiary at the time of death, setting the insured as the statutory heir, and then the beneficiary entered into the mutual aid agreement for non-dividend dividends (hereinafter “instant second mutual aid agreement”).

C. The deductible amount of the special agreement for non-distribution disaster security (hereinafter “the special agreement of this case”) that the Plaintiff A entered into with the first main agreement of this case is KRW 20,000,000, and the insured amount of the special agreement for non-distribution disaster death (hereinafter “the special agreement of this case”) entered into with the second main agreement of this case is KRW 200,000.

The main contents of the terms and conditions of the First and Second Contracts and the First and Second Contracts are as follows.

Article 13 (Types and Grounds for Payment of Mutual Aid Money) of the 1st State Agreement of this case shall pay the person who receives the Mutual Aid Money (beneficiary) to the person who receives the Mutual Aid Money if any of the following causes occurs during the period of mutual Aid (the person who receives the Mutual Aid Money).

1. If the combined disability payment rate for several physical parts in the table of classification of death or disability is more than 80% due to the same cause other than the same disaster or accident: the death mutual-aid money Article 15 (Mutual-Aids not to be Paid) ① The Nonghyup may terminate this contract simultaneously with the failure to pay the mutual-aid money or to exempt the mutual-aid money if any cause for paying the mutual-aid money arises due to any of the following cases:

1. The person who is entitled to receive the deduction on purpose;

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