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(영문) 창원지방법원 2015.07.03 2015가단70016
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 November 15, 2002, the Plaintiff entered into an insurance contract with the Defendant (hereinafter “instant insurance contract”) with the following contents, and paid the insurance premium under the instant insurance contract to the Defendant from that time.

(1) The name of goods: The name of the first insured: The first insured: B; B; B; the inheritor at the time of injury by hospitalization; and (4) the insurance premium at the time of death: the insurance period: the first insurance period: The principal insurance contract: the life insurance; the first insurance contract shall be the life insurance; the first insurance contract shall be the guarantee on November 15, 2052, the second insurance contract shall be the first insurance; and the second insurance money shall be the first insurance contract shall be 32,580,000 won; and the second insurance contract shall be 70,000,000 won

B. The terms and conditions of the non-dividend Samsung Type Insurance, the main contract of the instant insurance contract (hereinafter “instant main contract”), and Article 17 of the same Act provide that “A company shall pay the beneficiary death insurance money (see attached Table 1, if the insured dies during the insurance period or becomes a state of disability of Grade I in the disability classification table).” Article 19(1) of the same Act provides that “A company may terminate this contract at the same time with no payment of insurance money or exemption from the payment of insurance money if any cause for payment of insurance money occurs due to any of the following cases, and at the same time terminate this contract” (Article 19(1) of the same Act provides that “I shall not apply where the insured intentionally injures himself/herself: Provided, That this shall not apply where the insured intentionally injures himself/herself in the state of mental illness, and where the insured commits suicide or injures himself/herself after two years from the date of the contract’s responsibility, and thereby impairing his/her disability classification table.”

C. The terms and conditions of the special agreement for accident-free death added to the instant prime contract (hereinafter “instant special agreement”) are as follows. Article 10 of the General Agreement provides for “A company shall be entitled to the insured as a result of a disaster as set forth in the Disaster Classification Table (attached Table 2) during the insurance period of this special agreement (hereinafter “disaster”).

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