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(영문) 부산지방법원 2017.03.23 2016가단315726

보험금

Text

1. The plaintiffs' claim of this case is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiffs are children of the deceased C (D students, hereinafter “the deceased”).

B. On December 1, 2014, the Deceased died of his own body while working as a human father at the construction site of an apartment located in Gangseo-gu, Busan Metropolitan City.

C. The Deceased subscribed to “an accident insurance without dividends”, which is an insurance product of the Defendant.

The general insurance terms and conditions of the above insurance are as follows:

Article 21. The company (referring to the defendant) shall pay the insurance money agreed upon to the beneficiary (referring to the beneficiary) (referring to the beneficiary) when any of the following events occurs to the insured (referring to the deceased):

4. When the insured (persons insured) dies due to a disaster other than a traffic accident (including a traffic accident during the use of public transportation): The amount to be paid shall be KRW 100,000,000 according to the Table of Standard for Payment of General Insurance Money for Death Death.

The disaster classification table (attached Form) shall be attached to the attached Table 2 of the Payment Schedule.

D. According to the attached disaster classification table, the term “disaster” in this case refers to a contingency accident corresponding to “S0 to Y84” under the Korean Standard Disease Disease Death Classification. E. The disaster classification table set out in the Korean Standard Disease Disease Death Classification refers to “S00 to Y84” as part of the above paragraph (d) above, “exploiting to natural force (X30-X39)” or “exploiting to natural force (X58-X59)” or “exploiting to other detailed unknown factors (X58-X59).

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 5 evidence, Eul 1 evidence, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that he died while performing the mixed cleaning work at the site where a strong wind was fluordial weather. ① The Plaintiff’s assertion that he was killed (i) due to an unidentified minor resistant disease or low temperature, or both causes work together, (ii) lost consciousness in a timely manner and a portable toilet.