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(영문) 수원지방법원 2016.07.01 2014나45949

보험금

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1. Revocation of a judgment of the first instance;

2. All plaintiffs' claims are dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

1. Basic facts

A. On June 12, 2008, on the part of the network D’s mother, the Defendant and the insured, the insurance company, and the Plaintiffs, the beneficiaries of which are D, as legal successors of D, entered into the “the instant insurance contract” (hereinafter “instant insurance contract”).

B. The instant insurance contract included a special agreement for accident death with the effect that the insured is paid insurance money of KRW 30 million in the event of the death due to a disaster stipulated in the disaster classification table. According to the disaster classification table, contingent external accidents falling under the Korean Standard Disease and Death Classification (S00-Y84) were covered by the disaster classification table.

C. At around 21:00 on June 14, 2013, Plaintiff A and E, who are his/her father, discovered that D would drink, drink, and enjoy alcohol at the bottom of about 5cm in the house, and reported to the 119 emergency squad around 23:20 on the same day.

D Around 23:55 on the same day, after being transmitted to G Hospital located in Gyeongnam F, underpon treatment, but was unable to provide additional treatment and hospitalization due to alcohol, she returned home.

D was killed on June 15, 2013 at the house around 04:00 on the following day.

[Ground of recognition] The fact that there has been no dispute, Gap's 1 through 3 evidence, Eul's 1 and 2 evidence (including each number, each number, hereinafter the same shall apply), and the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiffs' assertion D died as a cause of excessive blood transfusions caused by the upstreams caused by drinking alcohol, which constitutes a death under the insurance contract of this case. Thus, the defendant is obligated to pay the insurance proceeds for death resulting from the death of a disaster to the plaintiffs, who are beneficiaries stipulated in the insurance contract of this case.

B. Determination is based on the fact that the insured’s physical defect, i.e., illness or physical constitution, is the reason for the injury or death.