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(영문) 광주지방법원 2019.11.29 2017가단511346
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 August 2014, the Plaintiff entered into a D insurance contract with C to pay KRW 101,00,000 to the Plaintiff at the time of death of a general injury (hereinafter “instant insurance contract”) and agreed to comply with the terms and conditions related to the instant insurance contract.

B. C around March 2015, around March 2015, the beneficiary was changed to the Defendant who was an insurance beneficiary.

C. At around 17:05 on July 12, 2016, C: (a) was found to have been crashed on the parking lot floor at the entrance of the F apartment G-6 D-dong, Gwangju Northern-gu, which had been residing with a pro-friendly E’s family; (b) was crashed by 119, but was crashed by 119; but (c) died of the long-term damage and dysium in the chest clothes due to the fall.

According to Article 1 of the General Injury and Death Clause of the Insurance Contract, the term “the company will pay the full amount of insurance coverage of the General Injury and Death Insurance Contract in the event that the insured dies as a result of the direct result of the injury during the insurance period of the General Injury and Death Insurance Contract.” Meanwhile, according to Article 6 subparag. 1 of the Terms and Conditions of the Insurance Contract of this case, the company will pay the insurance money to the beneficiary (the insured’s statutory heir in the absence of designation as the beneficiary). Meanwhile, the company will pay the insurance money on the ground that the insured does not pay the insurance money.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 1, the purport of whole pleadings

2. Determination

A. The Plaintiff’s assertion 1 of the parties died due to fall, but does not intentionally impair himself.

Even if the deceased died by his own falling and died, the deceased was suffering from severe depression, and make a free decision due to mental disorder.

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