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(영문) 서울중앙지방법원 2016.02.18 2014가단5316760
보험금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 3, 1997, the Defendant entered into an insurance contract with the Plaintiff’s mother B with the insurance period of 15 years, the insurance amount of 10,000 won, the insured and the beneficiary (influence) as the Plaintiff, respectively, with each of the Plaintiff, and entered into an insurance contract for elbel trees (blue type) (hereinafter “instant insurance contract”).

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

(1) Article 10 (Grounds for Payment of Insurance Money) (1) A company shall pay the insured the insurance money agreed upon to the beneficiary when any of the following causes occurs to the insured; 4. When the insured is in a state of disability of Grades II through VI in the disability classification table due to disability of Grades I or a disaster during the insurance period; when he/she lives on the date on which the cause for payment of insurance money occurs each year: Special education expenses shall be paid in accordance with subparagraph 2 (Attachment I):

3. Amount of special education expenses: 80% in case of the second class of the disability grade;

C. On October 1, 2002, the Plaintiff was registered as a class 2 disabled person with intellectual disability. On December 14, 2004, the Plaintiff claimed the Defendant to pay the special education cost on the ground of the above disability.

Accordingly, the defendant recognized the plaintiff's disability grade as class 2, and paid 88 million won in total as special education expenses from January 12, 2005 to December 15, 2011.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 5 evidence, purport of the whole pleadings

2. The assertion and judgment

A. 1) Claim 1) The Defendant’s assertion that the Plaintiff’s assertion is liable to pay KRW 8 million as special education expenses each year pursuant to the instant insurance policy until the Plaintiff’s survival. Since the Defendant did not pay it from 2012, the Defendant’s claim for the unpaid amount for two years and the above amount until the Plaintiff’s death in the future. 2) The Defendant’s claim is liable to pay special education expenses only during the instant insurance period. Since the insurance period ends on May 3, 2012, there is no obligation to pay it

B. The insurance period means the time limit for the occurrence of the insured events secured by the insurer.

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