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(영문) 전주지방법원 2018.08.09 2017가합1959
보험금
Text

1. The Defendant: (a) against Plaintiff A, KRW 128,571,428, Plaintiff B, and Plaintiff C, respectively, KRW 85,714,286 and each of the said money.

Reasons

1. Facts of recognition;

A. Plaintiff A is the deceased’s spouse of the deceased E (hereinafter “the deceased”). Plaintiff B and Plaintiff C are the deceased’s children, and the Plaintiffs are the legal successors of the deceased.

B. On June 24, 2009, the Defendant entered into an insurance contract with the Deceased (hereinafter “instant mutual aid contract”) with the beneficiary as the Deceased.

In addition to the main contract of the instant mutual aid agreement, the deceased also entered into a special agreement for accident security, and the amount of the insured’s death under the main contract shall be KRW 80 million, and the amount of the insured’s death under the special agreement for accident security shall be KRW 300 million.

C. The main contract terms and conditions of the instant mutual aid agreement (hereinafter “instant main contract terms and conditions”) and the special contract terms and conditions for accident security of the instant mutual aid agreement (hereinafter “instant mutual aid agreement”) contain the following contents:

F. Section 3 of the State Contract D (hereinafter referred to as the "Defendant") shall pay the mutual aid money agreed upon to the beneficiary of the mutual aid money (beneficiary) when any of the following events occurs to the beneficiary of the mutual aid money during the period of mutual aid.

1. When the person subject to mutual aid (the beneficiary) dies during the period of mutual aid or becomes disabled in which the aggregate disability payment rate for the parts of the same body is not less than 80% due to the same cause other than the same disaster or accident in the table of disability classification: The accident that does not pay mutual aid under Article 18 of the death mutual aid amount; ① The defendant may terminate this contract at the same time with the failure to pay mutual aid amount or to exempt the mutual aid amount if any cause for exemption from the payment of mutual aid amount occurs due to any of the following cases:

1. Where a person to be deducted intentionally damages himself/herself, he/she shall not make a free decision due to mental illness, etc.;

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