보험금
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.
The court's explanation of this case is consistent with the reasoning of the judgment of the court of first instance, unless it excludes adding the judgment as set forth in paragraph (2) below, and thus cites this case in accordance with the main sentence of Article 420 of the Civil Procedure Act.
In addition, the plaintiffs claim that the defendant is liable to pay insurance proceeds to the plaintiffs on the ground that the defendant bears the burden of proving that the "accident", which is an insurance accident, is defined as "accident" (Provided, That where a person who has a disease or physical form of disease, has caused a minor external factor or aggravated symptoms, such minor external factor shall not be deemed a contingency accident)" (if a person who has a disease or physical form of disease, has caused a minor external factor, or the symptoms thereof has aggravated, such minor external factor shall not be deemed a contingency accident) and the "accident" (Article 1 insurance) is included as the type of accident, which is an insurance accident. Thus, the plaintiffs can claim insurance proceeds only if they prove that the deceased is omitted in water and that the deceased was in a physical condition after his death, and that "if the disease or physical form of person who has a disease or physical form of disease, has caused a minor external factor, or the symptoms thereof has aggravated," which is an exception to the above general clause.
The term "accidents that occur abroad," which are the requirements of insurance accidents prescribed in the insurance clauses, refers to all the causes of injury or death caused by external factors, not due to physical defects, i.e., physical diseases or physical physical factors, etc. of the insured, and the causal relationship between the external nature of such accidents and the consequences of injury or death, shall be proved by the claimant.
(Supreme Court Decision 2010Da12241, 12258 Decided September 30, 2010). However, in this case, the Deceased’s (i) had already occurred in a aquaculture embankment, and then came back as a result.