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(영문) 서울북부지방법원 2016.04.29 2015가단44677
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 December 9, 2002, B, the Plaintiff’s wife, entered into a disaster relief insurance contract with the Defendant (the post office affiliated with Korea Post) on its own, with the beneficiary at the time of death as the Plaintiff, with the beneficiary at the time of death, and with the insurance period of 20 years as the Plaintiff’s insurance period (hereinafter “instant insurance”).

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

Article 12 (Types of and Grounds for Payment of Meet Insurance Money) (1) A communications agency shall pay the insurance money agreed upon to the beneficiary when any of the following events occurs to the insured during the period of insurance:

(See attached Table 1 . 3. Payment Standard Table of Insurance Money for Holidays Death: Article 31 when death occurs due to a disaster on holidays, 1. The service organization shall interpret the terms and conditions fairly in accordance with the principle of trust and good faith, and shall not interpret them differently according to the contractor.

(2) Where the meaning of a standardized contract is unclear, a postal service agency shall interpret it in favor of a contractor.

The term "accidents listed in the Disaster Classification in attached Table 2 of the Standard Table 1 of the Insurance Money Payment Table: 50,000 won of the paid amount refers to accidents that occur due to contingent external factors (Provided, That if a person who has a disease or physical characteristics and is caused by a minor external factor or whose symptoms are worse, a minor external factor shall not be deemed an contingent external accident):

13. The cases of falling 24. Other cases and the cases in which intention is not confirmed as being exposed to the unknown factors.

C. At around 14:42 on February 15, 2015, a Sundays, the Plaintiff and B’s residence, were used in front stairs of the Seongbuk-gu Seoul Housing, Seoul, and was sent back to the Korea National University Anambaco Hospital, but died on February 16, 2016, which is the following day.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 8, Eul evidence No. 1 (including additional number), the purport of the whole pleadings

2. Determination as to the cause of the claim

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