2015 Ghana 32819 Insurance proceeds

A

Agricultural Co., Ltd.

August 7, 2015

September 4, 2015

1. The plaintiff's claim is dismissed.

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

The defendant shall pay to the plaintiff 50,000,000 won with 20% interest per annum from the next day of service of the written application for conciliation of this case to the day of full payment.

1. Facts of recognition;

A. Status of the parties

The defendant is a company running non-life insurance business under the Insurance Business Act, and the plaintiff is a person who entered into a smart accident mutual aid insurance contract (hereinafter referred to as "the insurance contract of this case") with the defendant on July 18, 201.

B. The instant insurance contract

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

○ ○ Securities Number: Plaintiff ○○ Insured: The insurance premium for the beneficiary of ○○: Total 100,000 won (Guarantee Insurance Premium 12,405 won + accumulated insurance premium 87,550 won): From July 18, 2011 to July 18, 2026: Insurance proceeds under a basic contract (Guarantee of Disability following General Injury Death) from July 18, 201 to July 18, 2026: 50,000,000 won and maturity: Other special agreement ○○ with a 15-year maturity paid in 15 years: A person who bears an injury while driving or boarding a two-wheeled automobile: A person who bears an injury.

2) Of the instant insurance contract, the main contents of the instant special terms and conditions on the part of driving or boarding a two-wheeled automobile are as follows.

When concluding a mutual aid agreement (referred to as the "mutual aid agreement", Article 1 (Conclusion and Validity of the "Mutual Aid Agreement") and Article 1 (Special Aid Agreement) (1) of the "Mutual Aid Agreement" (referred to the "Mutual Aid Agreement", and including the "Mutual Aid Agreement", if special terms and conditions are added; hereinafter the same shall apply) the beneficiary owns or uses a two-wheeled automobile (limited to the case of regular operation due to occupation, duties or activities of the club, etc.). If the risk of driving a two-wheeled automobile is not in conformity with the standards set by the Korean Agricultural Cooperative, the beneficiary will make the subscription of the mutual aid agreement and the mutual aid agreement with the approval of the Korean Agricultural Cooperative.Article 2 (Non-Payment of the Mutual Aid Fund) ① Notwithstanding the contents of the mutual aid agreement, the Nonghyup shall pay the two-wheeled automobile (including the boarding; hereinafter the same shall apply) during the mutual aid agreement, if the beneficiary specified in the mutual aid agreement is determined to be subject to the mutual aid agreement due to any sudden and direct cause for the extra accident.

(c) Death of C

C Around 10:20 on July 26, 2013, at the same three-lanes of the upper parallel in the upper parallel in Jinju-si, Jinju-si, died by shocking to the concrete mixing vehicle that was bypass while driving the DOba in the upper parallel. (hereinafter referred to as the "traffic accident in this case").

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, and 2-1, 2, 3 through 5, Eul evidence 1 and 2, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, since C died due to the instant traffic accident, barring any special circumstance, the Defendant is obligated to pay KRW 50,000,000 insurance money to the Plaintiff, who is the beneficiary of the instant insurance contract, as the insured of C, pursuant to the instant insurance contract.

B. The defendant asserts that the special terms and conditions of this case were exempted.

According to Article 2 (1) of the Special Terms and Conditions of this case, notwithstanding the terms of the insurance contract, the defendant does not pay the mutual aid money in the case where a cause for paying the mutual aid money occurs due to a sudden and remote accident that occurred while the insured is driving a two-wheeled automobile during the insurance period, and the fact that C died due to a traffic accident that C is driving a two-wheeled automobile. Thus, the defendant is exempted from the liability in accordance with the Special Terms and Conditions of this case. Thus, the defendant's argument is justified.

C. As to this, the Plaintiff asserts to the effect that since the instant traffic accident occurred once by C as a driver of a two-wheeled automobile, the instant special terms and conditions cannot be applied.

According to Article 1 (1) of the Special Terms and Conditions of this case, if the insured owns or uses a two-wheeled automobile (limited to the case of periodically driving a two-wheeled automobile due to occupation, duties or club activities, etc.), or manages it, if the risk of driving a two-wheeled automobile fails to meet the standards set by the defendant, the fact that it was made in addition to the insurance contract with the policyholder's subscription and the consent of the defendant is made. Therefore, it is reasonable to interpret that the phrase "excluding the one-time use" is merely a requirement for the conclusion and validity of the Special Terms and Conditions of this case

Therefore, as long as the special terms and conditions of this case were concluded between the Plaintiff and the Defendant and were incorporated into the insurance contract of this case, it is reasonable to interpret that the two-wheeled automobile driving of C, the insured under Article 2 (1) of the Special Terms and Conditions of this case, regardless of whether it is one-time or regular, is exempted from the Defendant. Therefore, the Plaintiff’s assertion is without merit without any further review.

3. Conclusion

Therefore, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

Judges Park Jae-chul