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(영문) 서울중앙지방법원 2019.04.03 2018나60252

보험금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The ground for appeal by the plaintiff citing the judgment of the court of first instance is not significantly different from the argument in the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if each evidence submitted to the court of first instance was presented to this court.

The reasoning of this court's judgment is the same as that of the judgment of the first instance except for the addition of "2. Additional Judgment" as follows. Thus, it is accepted by the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The Plaintiff’s assertion that the deceased was killed due to the “influor’s addiction and exposure by toxic substances” falling under the special agreement of this case, since he/she was killed due to an urgent shocking shock by taking too much amount of he/she did not intentionally commit suicide but suffered from mental pain due to depression, etc.

B. As to the instant case, in light of the following circumstances, which can be recognized by comprehensively taking into account the purport of the entire descriptions and arguments of evidence Nos. 9 and 10, namely, ① the concentration in the case of death reported in the literature as a result of autopsy, ② the concentration in the case of death, and the degree of the concentration of death or toxicity, and there is no opinion to see that the ingredients of anti-accidents were exposed to the degree of death or toxicity, besides taking drugs, and there was no specific external force, pressure, disease, etc. other than taking drugs, the deceased’s private person was determined as acute complex drug addiction; ② the deceased was suffering from negorisis for a long time; ② the deceased was deemed to have been fully aware of the adequate uniforms of the negorithal stability agents; but, on the other hand, the deceased was able to see the concentration of the death case or dive the nego economy on his own around August 20, 2017; ③ the deceased was her one day after the death of the deceased on August 30, 2015.