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(영문) 대구지방법원 2019.01.09 2017나317868

보험금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On February 20, 2009, C (the name D before the opening name; hereinafter “the deceased”) concluded a non-dividend E insurance contract between the Defendant and the Defendant with the content that the deceased and the beneficiary of the death insurance shall be the statutory heir, and that the beneficiary shall be paid KRW 100 million as the insurance money at the time of the death of the general injury (hereinafter “instant insurance contract”).

B. The main contents of the instant insurance contract are as follows.

Article 15 (1) If the insured has sustained bodily injury during the period of insurance, due to a sudden and incidental accident, the company shall compensate for the damage resulting from such injury in accordance with the terms and conditions of this Agreement.

§ 16 (1) A company shall not be bound to pay compensation for any loss caused by the following reasons:

5: Insured's disease Article 17 (1) If the insured was injured by an accident as prescribed in Article 15 and died as a result of his/her own death within two years from the date of the accident, the company shall pay the total amount of insurance coverage to the beneficiary as the death insurance money.

C. On October 24, 2015, around 19:20 on October 24, 2015 during the insurance contract period, the Deceased discarded the plastic garbage bags at the residential area located in Busan Metropolitan City, and entered a toilet to make his/her losses, and lost his/her consciousness by going beyond the floor.

Finding this, the Plaintiff: (a) was a son, who bloodd with the deceased’s garry, ear, fingers, and fingers; and (b) was frightened with the soul; but (c) was reported to K through K to 119.

The Deceased was in the state where the heart had been suspended at the time of arrival by 119 members of the 119 Rescue Team, and was sent to the F Hospital in Gyeongsan and received cardiopulmonary resuscitation for 65 minutes, but was failed to recover the heart and received a death diagnosis on the same day.

The causes of the death of the deceased are indicated as “unexploitious report” and “report on the occurrence of and recommendation for the direction of the case,” etc. written against the deceased.

E. The Deceased.