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(영문) 서울남부지방법원 2016.01.28 2014가단243658

보험금

Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiffs are co-inheritors as children of the networkF.

B. On March 6, 1998, Plaintiff B entered into an insurance contract with the Defendant with the content that the insured will be paid to F and the beneficiary at the time of death by a disaster other than a traffic accident (=40 million won per month and 56 months payment each month).

(hereinafter “instant insurance contract”). C.

F around 01:00 on December 2, 2013, the Plaintiff D’s home toilets were sleeped on the left side, and the left side sleeped on December 6, 2012 of the same year, the G Hospital received a self-refluence on the left upper part of the pipe at G Hospital, and died around 05:09 on May 19, 2014.

In the attached Table 3 of the Terms and Conditions of the Insurance Contract of this case, the term "disaster" was defined as "accidents that occur as contingent external factors (Provided, That if a person who has a disease or physical disorder suffers from a minor external factors or worsens symptoms, a minor external factor shall not be deemed an accident that occurs as contingent external factors)" as follows.

[Ground of recognition] No dispute exists, Gap 7 evidence, Eul 1-3 evidence, purport of whole pleading

2. Judgment on the issue

A. The key issue of the instant case argues that the instant accident caused by F was “when the insured dies due to a traffic accident other than the insurance period,” under the instant insurance contract, and that the Defendant, who agreed to cover the said general accident, is liable to pay the Plaintiffs general accident death benefit.

On the other hand, the defendant stipulated that the terms and conditions of the insurance contract of this case referred to as "accident" refers to "accidents that occur frequently" and the insured is during the insurance period.