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(영문) 서울중앙지방법원 2016.10.06 2016가합543445
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. The Plaintiff, as the children of the deceased B (hereinafter “the deceased”), is the only heir of the deceased, and the Defendant is the insurer who entered into an insurance contract with the deceased.

B. 1) The Deceased and the Defendant entered into an insurance contract between the Deceased and the Defendant on August 19, 2010 in preparation for injury and disease, the Deceased and the Insured’s insurance period from August 19, 2010 to August 19, 2062, and the Non-dividend YOU Plus Health Insurance Contract (hereinafter “instant insurance contract”) with the beneficiary’s legal heir at the time of death.

(2) The instant insurance contract provides that the Defendant shall pay KRW 100 million to the beneficiary according to the basic contract and the renewed type of KRW 150 million, if the insured died as a direct result of injury during the insurance period.

3) Article 17 of the General Terms and Conditions of the instant insurance contract and Article 4 of the General Terms and Conditions of Disability after Death in the General Injury and Death (Article 17 of the General Terms and Conditions)

(C) On September 24, 2012, the deceased was diagnosed on the ground that the Defendant did not pay the insurance money, “if the insured intentionally causes the payment of the insurance money: Provided, That the insured intentionally causes the payment of the insurance money, but if he/she was unable to make a free decision due to a mental disorder, etc., he/she would pay the insurance money.”

The Deceased was treated under the name of the sick thereafter.

2) On March 24, 2015, the Deceased was hospitalized in the E Hospital and received treatment under the name of “hye flusium with no symptoms of mental disorder.” However, on April 3, 2015, the Deceased discharged the Deceased on April 3, 2015, because he/she was unable to adapt to the remaining life during the pertinent hospital treatment. (iii) On May 13, 2015, the Deceased attempted to commit suicide with agrochemicals 2 of the Incheon Bupyeong-gu F and 201, where he/she was living together with the Plaintiff.

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