beta
(영문) 서울고등법원 2019.05.09 2018나2049322

보험금

Text

1. Plaintiff B and C with respect to Defendant F Co., Ltd., the amount of which orders the payment below among the judgment of the first instance.

Reasons

1. Facts of recognition;

A. The Plaintiff A (former name: G) is the leakage of the network H (hereinafter “the deceased”).

Plaintiff

B. C is the heir of the deceased as his child, and his share of inheritance is 1/2, respectively.

B. As follows, on November 8, 2013, the Deceased concluded an insurance contract with Defendant F (hereinafter “instant insurance contract”) and on April 15, 2015, the Plaintiff entered into an insurance contract with Defendant E and the Deceased as an insured event (hereinafter “Class 2 insurance contract”); and the Plaintiff A entered into an insurance contract with each of the instant insurance contracts in combination with the first insurance contract.

The insurance contract of this case for each of the insurance contracts of this case for the deceased A, A, the beneficiary of the insured, was the beneficiary of the first insurance contract for the death of the beneficiary of the deceased (Defendant F) from November 8, 2013 to November 8, 203, the deceased’s legal heir of the deceased, the second insurance contract for the second insurance contract of KRW 200,000,000 (Class 2) (Defendant E) from April 15, 2015 to April 15, 2015 to April 15, 2069, the insurance contract of this case for each of the insurance contracts of this case provides that the beneficiary shall be paid the death insurance money when the beneficiary dies as a direct result of a sudden and remote physical accident during the insurance period.

C. At around 09:20 on March 18, 2016, the Deceased was found to be dead in the adjacent drainage of the “L” located in the Crossing-gun of Gangwon-do.

On March 29, 2016, Nonparty D, the former wife of the deceased, claimed insurance proceeds from Defendant FF Co., Ltd. on March 29, 2016 as the legal representative of Plaintiff B and C, and Plaintiff A claimed insurance proceeds from Defendant E on April 18, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 9, Eul evidence 1, Eul evidence 1, Eul evidence 1, the purport of the whole pleadings

2. Determination as to whether an insurance accident falls under an insurance accident

A. The plaintiffs asserted that the deceased lost mind by shocking the part of the drainage, etc. while drinking, and that the clothes in the water flowed at the time were milched with the physical temperature so that they died, the defendants are liable to pay the death benefit of injury and death under each insurance contract of this case.

As to this, the Defendants are the defendants.