beta
(영문) 서울중앙지방법원 2017.11.21 2017가단5046208

보험금

Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. 1) The net E (FF, the Deceased) concluded a contract on April 14, 1998 on the part of the Defendant with the Deceased as the insured; (1) the insured entered into a contract on the “Undividended Tep Traffic Accident Insurance” on April 14, 1998; (2) the insured under the said insurance contract would die on a usual day and other disasters (except traffic accidents, etc.) during the insurance period; (3) the insured would be paid KRW 15 million with the other insurance proceeds for death; and (4) the insured would pay KRW 22,50,000,000 for holidays (hereinafter “First Insurance”).

(2) On February 13, 2006, the term “non-dividend Samsung C&T (U1.1)” contract was concluded and the insurance contract stipulated to pay KRW 50 million when the insured dies due to a disaster (hereinafter “No. 2 insurance”).

2) The disaster classification table of each of the terms and conditions of the 1 and 2 insurance contracts provides that "disaster refers to any accident that happens, or the symptoms of which are aggravated, due to any unexpected external factors (if a person who has a disease or physical damage and who has caused the disease or physical damage, and who has caused the disease or the symptoms of which are minor external factors, the minor external factors shall not be considered as any contingent accident)" and provides that each of the classification items is classified as follows: 16, the non-feasible water (Article 1 insurance), the non-fasible water (Article 2 insurance), and the non-fassible water (Article 2 insurance)." The disaster classification is excluded from the disaster classification.

B. 1) On July 30, 2016, the Deceased’s death accident occurred (on Sundays 19:30, in the fish farm located in Chungcheongnam-gun G, Chungcheongnam-gun, Chungcheongnam-gun, that he operates, the Deceased was placed in water and was laid down in water while he was sium in the above fish farm, and the Plaintiff A, who was a wife who was assisting the Deceased’s work in the above fish farm, was unable to directly rescue the Deceased, was reported to the 119 Rescue Team and reported to the 119 Rescue Team. After the lapse of one hour and thirty minutes, the Deceased was found to have been discovered by the rescue team at the water speed, and at the time of the discovery, it was already discovered to the Taean-gun Health and Medical Services Center in the heart-gun’s condition of stop.