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(영문) 서울중앙지방법원 2020.04.24 2019가단5137870
보험금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff A’s father, the mother of the Deceased, the mother of the Deceased, and the spouse of the Deceased, both of whom are legal successors of the Deceased.

B. On November 19, 2008, Plaintiff B entered into a “F” contract with the deceased as the insured (securities number G, insurance period from November 19, 2008 to November 19, 208, 208; hereinafter “instant insurance contract”). Accordingly, in the case of injury and death, Plaintiff B guarantees the insurance amount of KRW 100 million, and the beneficiary of the death insurance is “legal heir”.

On the other hand, on October 30, 2015, H Co., Ltd., the deceased’s work, entered into an “I” agreement with the Defendant as the insured (securities number J, insurance period between 16:00 to 16:00 on October 30, 2015, and 16:00 on October 30, 2016; hereinafter “inward insurance contract”). According to this, in the case of injury death, she guarantees the insurance amount of KRW 100 million, and the beneficiary of the death insurance amount is “legal heir”.

C. From Aug. 3, 2016, the Deceased was found to have fallen on the sixth floor of the same building on the same day, and immediately sent to the Ma Hospital emergency room, on the same month as the Deceased was discovered, by drinking E and drinking at his own house of Gangdong-gu Seoul, K and L, and divided into tobacco due to the problems of the deceased’s external rating. On the same day, around 23:55 on the same day, the Deceased was found to have fallen on the sixth floor of the same building.

4. Around 00:39 death. D.

Plaintiff

B, on August 19, 2016, the Defendant claimed the Defendant for the death benefit of injury under the instant insurance contract. However, the Defendant refused the payment of the insurance benefit on November 30, 2016 on the ground that the deceased’s death was caused by the deceased’s intentional death.

E. On December 27, 2016, Plaintiff B prepared a written confirmation (hereinafter “instant confirmation”) and submitted it to the Defendant. On December 29, 2016, Plaintiff B received KRW 100,039,000 from the Defendant’s insurance money and interest for delay.

The confirmation of this case is an insurance money and insurance premium in relation to the accident and death of the plaintiff A and E on August 4, 2016.

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