logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2017.07.05 2017가단1094
보험금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On September 11, 2001, B, the spouse of the plaintiff, entered into an insurance contract composed of a main contract and a special agreement with the defendant as follows.

When the insured dies during the insurance period or becomes disabled in the first grade in the disability classification table, the defendant shall pay the death insurance money agreed upon to the beneficiary to the beneficiary.

(Article 17 of the Terms and Conditions of the State Contracts). The defendant shall pay the beneficiary the insurance proceeds agreed upon when the insured dies or becomes disabled of class 1 in the Schedule of Disability Classification, due to a disaster set forth in the Disaster Classification Table during the period of insurance under this Special Agreement.

(Article 10 of the Terms and Conditions of Special Agreement). Article 10. B of the Disaster Death Insurance Proceeds amounting to KRW 50,000,000, committed suicide on January 8, 2016 after the beginning of the insurance period.

In any of the following cases, the defendant may terminate this contract at the same time as he/she does not pay insurance money or exempt the payment of insurance premium when a cause for payment of insurance money occurs pursuant to any of the following cases:

(Article 19 of the Terms and Conditions of a State Contracts). The insured has intentionally impaired himself/herself: Provided, That this shall not apply where the insured has impaired himself/herself in a state of mental illness and where he/she has caused suicide or damage to himself/herself, thereby becoming a state of disability of class I in a state of disability classification.

(Article 1 subparagraph 1 of the same Article, hereinafter referred to as the "Terms and Conditions for Restrictions on Self-Murder"). A special agreement for the death of a disaster (special agreement) in this case does not include a clause for restrictions on suicide, such as a main contract.

Article 15(1) of the Terms and Conditions of the instant Special Agreement provides that “The matters not specified in this Special Agreement shall be governed by the provisions of the prime contract terms and conditions.”

(hereinafter “Applicable Provisions of the Special Agreement”). The fact that there is no dispute over the grounds for recognition, A.

arrow