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(영문) 서울중앙지방법원 2020.06.19 2018나2584
보험금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. A is the mother of D (E, hereinafter “the deceased”).

B. On December 4, 2007, the Deceased and the Defendant entered into an insurance contract with the content as follows (hereinafter “instant insurance contract”).

Name of insurance products: The payment period from December 4, 2007 to December 4, 2063 (the maturity of 80 years of age): Beneficiary of the death benefit of 20 years of age: Legal heir.

C. According to the insurance contract of this case, where the deceased who is the insured dies due to an injury, the defendant is obliged to pay 30,000,000 won to the beneficiary of the death insurance.

On the other hand, the relevant provisions of the general terms and conditions incorporated into the instant insurance contract (hereinafter “instant insurance terms and conditions”) are as follows.

Article 2 (Death Insurance Money) (1) If the insured was injured by an accident prescribed in Article 1 and died within two years from the date of the accident as a direct result of the accident, the company shall pay the beneficiary the total amount of the purchase of insurance under this Special Terms with the death insurance money.

Article 13 (Compensation for Loss) (1) If the insured has suffered bodily injury (excluding physical assistance equipment, such as acceptance, clothing, bill, rule, etc.) due to any sudden and incidental accident (hereinafter referred to as "accident") during the insurance period, the company shall compensate for the damage resulting from such injury (hereinafter referred to as "damage") in accordance with the terms and conditions.

Article 14 (Compensation for Non-Compensation) (1) The Company shall not pay compensation for any loss arising from the following causes:

1. The intention of the insured;

4. Self-injury by the insured, suicide, attempted suicide, criminal act under the Criminal Act or act of violence (Provided, That if it is recognized as self-defense under the Criminal Act, emergency evacuation, or legitimate act, compensation shall be made for it);

6. An insane or mental illness of an insured person.

D. The Deceased, on January 23, 2017, is located in G, which is around 06:10, and in Cheongju-si, Seowon-gu, Seowon-si, and in H (H).

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