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(영문) 서울중앙지방법원 2017.04.28 2015가합4226
보험금
Text

1. The Defendant’s KRW 116,250,00 for the Plaintiff and the following: 6% per annum from February 10, 2015 to April 28, 2017.

Reasons

1. Basic facts

A. On July 10, 2009, the Plaintiff concluded the following insurance contract with the Defendant, an insurance company (hereinafter “instant insurance contract”).

- - The “Undividend APL US Guarantee 0904” (securities number : B) - The insured: A - The beneficiary of the death insurance amount: 54,000 won per month: the insurance period: from June 22, 2009 to June 22, 2006 - Major coverage details: ① the payment of disability after the death of a general injury (in the event of a death or a disability due to an accident, payment of insurance premium 20,000,000) and ② Income compensation for not less than 80% of the general injury (10% of the annual subscription amount in the event of a disability with not less than 80% of the accident, 100,000,000 won)

B. The main contents of the instant insurance contract are as follows.

[Damages APL US Security Insurance 0904 Ordinary Terms and Conditions] Article 15 (Indemnification) (1) A company shall compensate the insured (beneficiary) for any bodily injury caused by a sudden and incidental accident during the insurance period. If the insured (beneficiary) suffers from such injury due to an accident occurring in the course of coverage, the company shall be bound to compensate for such injury in accordance with the Terms and Conditions.

Article 16 (Compensation for Non-Compensation) (1) The Company shall not pay compensation for any loss arising from the following causes:

5. Insurance money for advanced disability under Article 18 (Insurance Money for Old Disability) (1) of the Insured (Persons Subject to Insurance): If the Insured (Persons Subject to Insurance) suffers from injury due to an accident as prescribed in Article 15 (Damage to Compensation), and the Company has, as a direct result, lost part of the body within two years from the date of the accident, or has lost its function permanently (hereinafter referred to as the "Ex Post Facto Disability Classification") and the payment rate as prescribed in attached Table 1 (Disability 1) remains due to no less than 80% of the disease of the Insured (hereinafter referred to as the "Ex Post Facto Disability"), it shall pay the total purchase amount as the insurance money for advanced disability.

Article 1 (Special Terms and Conditions for Guarantee of General Injury, Death and Ex Post Facto Disability among General Terms and Conditions 0904) of the Act on the Guarantee of Distribution of Dividends (Compensation for Loss) is a Korean company.

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