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Of the judgment of the first instance, the part against the plaintiff corresponding to the amount ordered to be paid below shall be revoked.
The defendant.
Reasons
1. Facts of recognition;
A. The Plaintiff’s mother entered into an insurance contract with the Defendant on September 5, 201 (hereinafter “instant insurance contract”). The Plaintiff’s insurance period: From September 5, 2011 to September 5, 2093: Insurance proceeds: In cases where the insured person suffers a disability after the injury during the insurance period, the Plaintiff’s mother paid KRW 50 million basic insurance proceeds and KRW 100 million insurance proceeds under a special agreement with the insured person.
B. The main contents of the terms and conditions applicable to the instant insurance contract (hereinafter “instant insurance terms and conditions”) are as follows.
[General Terms and Conditions] Article 15 (Types of Insurance Payments and Grounds for Payment of Insurance Payments) The Company shall pay the insured (persons subject to insurance) the insurance proceeds agreed upon to the beneficiary (persons subject to insurance) when any of the following events occurs:
2. Inflicting an injury during the insurance period (excluding physical assistive equipment, such as number, artificial arms, bills, feschis, etc., but including cases where human body is transplanted, such as artificial organs or parts, and their functions are replaced by an accident that happens during the insurance period);
The injury, hereinafter referred to as "injury, ......"
If a disability equivalent to the rate of disability payment as specified in the disability classification table (see attached Table 1), will be paid to the beneficiary of insurance (person receiving insurance proceeds) with the following amounts:
Even after the payment rate of divided disability benefits is high, at least 80% of the disability insurance proceeds (hereinafter referred to as "amount of subsequent disability insurance coverage") entered in an insurance policy (insurance Policy)
Article 17 (Cases where Insurance Money is not Paid) (1) The Company shall not pay insurance money when any ground for the payment of insurance money arises in any of the following cases:
1. The intention of the insured: Provided, That where the insured has impaired himself/herself in a state that he/she is unable to make a free decision due to mental or physical loss, etc.;