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(영문) 서울중앙지방법원 2017.08.31 2016가단5200036

보험금

Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On October 15, 2015, the Defendant is an insurer which entered into a non-party D (hereinafter “the instant insurance contract”) that died with the non-party deceased Non-party D (hereinafter “the deceased”). The Plaintiffs are the inheritors of the deceased.

B. On September 21, 2015, the Deceased was diagnosed by the Gandong National University Hospital located in Gangdong-gu, Seoul (hereinafter “the hospital,” unless otherwise indicated, “the hospital”) to be the left-hand slock and the Gandong slicker’s slicker’s slicker’s slicker’s slicker’s slicker’s slicker’s slicker’s slicker’s, and was hospitalized at the hospital on October 5, 2015, and was hospitalized at the hospital on the 6th day of the same month (hereinafter “instant operation”). During the continued hospitalization of the 10th day of the same month, the hospital was killed at around 16:31 of the same month.

C. The insurance contract of this case includes a special agreement for accident death, which provides for additional payment of KRW 120 million where the insured dies due to a disaster during the insurance period, and the disaster classification table specified in attached Table 1 of the terms and conditions of the above special agreement provides that "the disaster of the patient (Classification No. 160-Y69) during the internal and internal treatment of the patient during the period of accident" as one of the disasters.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 and 7, the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiffs asserted that the deceased died due to the hospital's negligence, which constitutes "the patient's disaster during internal and internal treatment" as stated in attached Table 1 of the Terms and Conditions of the Special Agreement on Death of the Deceased, and thus, the defendant is obligated to pay the insurance money to the plaintiffs according to the special agreement on death of the disaster.

The medical team's negligence of the hospital's medical team claimed by the plaintiffs is the deceased, who is highly likely to undergo blood transfer after the surgery, as the deceased's streak-gu and high blood pressure, and thus, the medical team is the best to prevent the occurrence of blood transfer after the surgery of this case.