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(영문) 수원지방법원 2019.04.03 2017가단509696

보험금

Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs are legal successors of E. The plaintiffs.

B. On June 12, 2009, E entered into the following insurance contracts (hereinafter “instant insurance contracts”) including guarantee of payment of insurance proceeds within the limit of KRW 100 million in the event of death or harm caused by the injury with the Defendant:

F. Contract Name: Insured Party E: In case of death, legal heir, deceased outside of death

C. At around 09:00 on October 25, 2016, E was found to have been killed in a state of her head toilet located at the entrance of his house toilets located in the G of Chungcheongnam-gun, Chungcheongnam-do.

At the time, a musta, etc. around the left side of E, a musta, the right eyebrow, the side side of the upper eye, the left side, and the left shoulder are observed.

A doctor H, who examined the corpse of E, prepared a written autopsy stating the date and time of the death of E as “O on October 25, 2016” and “the death of which cause is unknown”.

E. Meanwhile, the investigation agency concluded the case of urine death in E on the grounds that E is presumed to have died due to the aggravation of urology, and that there is no doubt about her suicide.

At the time, the autopsy of E was not conducted according to the intent of the plaintiffs at the time.

F. The Defendant deemed the death of E as a result of disease, and paid KRW 30 million to the Plaintiffs the death benefit of the disease.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 6, the purport of whole pleadings

2. Summary of the parties’ assertion

A. The plaintiffs E, who had a part of a toilet in the state of exploitation in the new wall, was sufficient to have a part of a toilet and was placed on the floor so that consciousness was omitted, and died by a shock by low temperature.

As such, E dies from a sudden and contingency accident, the Defendant is obligated to pay KRW 100 million to the Plaintiffs, the heir of E, for the death benefit.

B. Defendant E is deceased of urine urology (low-blood shock, urine urine urine, etc.) which is a disease, and thus, the Plaintiffs.