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(영문) 서울중앙지방법원 2021.02.17 2020가단5072481
보험금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. C concluded a D insurance contract between the Defendant and the insurance period from December 20, 2016 to December 20, 2064, with the content that the death (10,000,000 won) was secured by injury (hereinafter “instant insurance contract”) due to the fact that the insured C and the beneficiary of the death insurance proceeds were under normal circumstances.

B. Of the terms and conditions of the instant insurance contract, the contents pertaining to the instant case are as follows.

Generally Terms and Conditions

5. (Grounds for Not Payment of Insurance Proceeds) / [1] The Company shall not pay Insurance Proceeds when any of the following events occurs:

(1) The insured has intentionally impaired himself/herself: Provided, That he/she shall be paid insurance proceeds if the insured has impaired himself/herself while he/she is unable to make a decision freely due to mental or physical loss, etc.

Injury Death Special Clause

1. (Grounds for Payment of Insurance Money) If the insured stated in an insurance policy dies as a result of direct injury that occurred during the insurance period of this Special Terms and Conditions, the company shall pay the amount of the insurance coverage as the death insurance money of the insured.

3. (Reasons for Not Payment of Insurance Proceeds) / [1] Company’s general terms and conditions;

5. (Grounds for Not Payment of Insurance Proceeds) Insurance proceeds shall not be paid when there is a cause for the payment of insurance proceeds pursuant to / [1].

(c)

C around May 7, 2019, at around 07:44, Kimhae-si, his/her residence, Kim Jong-si, the 5-6 unit of the E Apartment Building F, and crashed from the chemical team and died (hereinafter “instant accident”) (the time of death was presumed to be around 03:0 on May 7, 2019).

The defendant is the father of the deceased C (hereinafter referred to as “the deceased”) who is the sole heir of the deceased.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 6, the purport of the whole pleadings

2. The plaintiff's assertion

A. The Plaintiff’s deceased was able to expect reasonable judgment in accordance with the insurance contract of this case.

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