beta
(영문) 서울고등법원 2017.01.12 2016나2028406

보험금

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

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

Reasons

1. The reasons why the court should describe this part of the underlying facts are as follows: (a) if the main contract “A” in this case is excluded from adding “A” to “A” in the instant accident special agreement, the main contract “A” is the same as the corresponding part of the judgment of the court of first instance; and (b) it is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The reasons why the court stated this part of the arguments of the parties are the same as the corresponding part of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the

3. Determination as to the existence of a cause for payment of the accident death benefit under the instant accident special agreement

A. Under the principle of trust and good faith, an insurance clause of the relevant legal doctrine shall be interpreted fairly and reasonably in light of the purpose and purpose of the terms and conditions, and it shall be objectively and uniformly interpreted in consideration of the interests of the entire insurance organization based on the average customer’s interests, not taking into account the intended purpose or intent of each party to the relevant contract. Even after the aforementioned interpretation, in cases where the meaning of the terms and conditions is not clear, such as where the terms and conditions are objectively different and their respective interpretations

(Supreme Court Decision 2015Da243347 Decided May 12, 2016, and Supreme Court Decision 2013Da90891, 90907 Decided October 27, 2016, etc.) B.

In full view of the following facts or circumstances acknowledged by the court of first instance, which cited prior to the determination (recognition of existence, i.e., determination of No. 4), comprehensively taking into account the basic facts of the judgment of the court of first instance and the purport of the entire pleadings, it is justifiable to interpret the following to the effect that the instant accident special agreement is particularly deemed grounds for payment of disaster death insurance benefits, including the

Supreme Court on May 12, 2016