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(영문) 서울중앙지방법원 2015.11.12 2013가단5122678

보험금

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On April 18, 2003, D’s conclusion network of an insurance contract: (a) the Defendant and the insured, an insurance company, the deceased, the beneficiary of the deceased, the inheritor, and the beneficiary of the insurance period until April 17, 2023; and (b) concluded a non-dividend life insurance contract with the amount of payment as KRW 100 million when the insured dies due to a disaster during the insurance period, and paid the premium.

(hereinafter “instant insurance contract”). B.

The terms and conditions of the insurance contract of this case incorporated into the contents of the insurance contract of this case are stipulated that 100% of the amount of the insurance contract of the special contract shall be paid when the insured dies due to a disaster that occurred during the insurance period or when the insured becomes a disability of class 1 in the

C. D’s death network D (hereinafter “the deceased”) had been working as the deputy head of Korea Bank E Branch on August 21, 2010, and completed his/her duties on August 201, 2010, and subsequently, D’s death was diagnosed as a acute pulmonary suspension, low pulmonary pulmonary pulmonary urine, and acute urgical urgical urgical urgical urgical urgical urgical urgical at the Busan Hospital affiliated with the original University, and died on February 8, 2013, when he/she was killed in a vegetative state on February 22, 2013.

The family relationship of the deceased is that the deceased's spouse, the plaintiff B, and C are the children of the deceased.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1, Eul evidence 5-1 to 11, Eul evidence 6, Eul evidence 9 and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the deceased died while making a part of his/her daily life after being killed due to one’s death. This can be said to be a case of death due to a disaster corresponding to “explosion by natural force” under the disaster classification table of the insurance contract of this case. Thus, the Defendant is liable to pay the insurance proceeds to the Plaintiffs, who are the beneficiary of the insurance.

B. Whether the deceased died due to a disaster.