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(영문) 서울중앙지방법원 2016.05.26 2014가단5350463
보험금
Text

1. The Defendant: 50,000,000 each of the Plaintiffs, and 20% per annum from January 8, 2015 to September 30, 2015, respectively.

Reasons

1. Basic facts

A. The Plaintiffs are children of the deceased C (hereinafter “the deceased”) and legal successors of the deceased.

B. From October 18, 2013 to October 18, 2060, the Deceased and the Deceased entered into an insurance contract with the content that the Defendant and the Deceased shall pay KRW 100 million in the event of general injury upon the death of a legal heir (hereinafter “instant insurance contract”).

B. On September 27, 2014, when the insurance period of the instant insurance contract was between September 27, 2014 and September 27, 2014, around 305, the Deceased: (a) applied the electric lines to the wall dial toilets of Daegu-gu Building No. 305; (b) discovered that the electric lines were fastened in the wall dial toilets of the Daegu-gu Building No. 305; and (c) turned back to the E Hospital emergency room on September 27, 2014.

(hereinafter “instant accident”). Article 17 of the General Terms and Conditions (Types and Grounds for Payment of Insurance Money) of the APlus Guarantee Insurance 1310 General Terms and Conditions (Types and Grounds for Payment of Insurance Money) provides the insured with any of the following:

(1) Injury during the insurance period (excluding physical assistance equipment, such as artificial organs, artificial arms, artificial limbs, artificial limbs, and artificial arms, but including bodily transplantation of a body, such as artificial organs or parts, which takes place during the insurance period, in lieu of its function, due to an accident of a sudden and anticipated outpatients that occur during the insurance period.

(ii) If the disability payment rate specified in the disability classification table in the annexed Table becomes a disability equivalent to or greater than 80 per cent, the beneficiary shall be paid the full amount of the insurance coverage as an insurance benefit for advanced disability.

Article 19 (Grounds for Not Payment of Insurance Money) (1) The defendant company shall not pay insurance money when any of the following events occurs to cause the payment of insurance money:

1. Intentional intent of the insured: Provided, That the insured has impaired himself/herself in a state that he/she cannot make a free decision due to mental disorder, etc.

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