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(영문) 서울중앙지방법원 2014.08.14 2013가합63740

보험금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. B’s insurance contract No. 1) B between the Defendant and the Defendant on May 20, 2005 (hereinafter “instant insurance contract”) with the Defendant on May 20, 2005

(2) The policyholder and the insured of the instant insurance contract are B, and the insurance period is from May 20, 2005 to May 20, 2020, and the beneficiary is designated as the Plaintiff at the maturity of B, in the event of injury or death.

나. B의 사망 1) B은 2005. 8.경 다계통 위축증(多系統 萎縮症), 파키슨 병(Parkinson's disease) 진단을 받았고, 2006. 6.경부터 스스로 거동할 수 없는 상태가 되어 침대에서 생활을 하게 되었다. 2) B은 2007. 7. 4. 19:30경 호흡정지를 일으켜 건양대학교병원 응급실로 후송되었다.

위 병원 의료진은 B에 대하여 기도삽관(氣道揷管) 및 심폐소생술을 실시하였으나, B은 2007. 7. 5. 01:56경 사망하였다.

3) The death diagnosis written by C, a doctor affiliated with the Healthy University Hospital, on July 6, 2007, on the death diagnosis written by C, as of July 6, 2007, stated that “direct death is indicated as Smoking pneonia, the cause of direct death as “Pononia,” “Ponson Byung,” and the type of death as “Jonson.” (C) The content of the terms and conditions related to the insurance contract of this case is as follows: (i) the Defendant shall pay 100% of the contract purchase amount to the beneficiary as the insurance proceeds when the insured dies or is in a state of Grade I disability in the disaster rating table during the insurance period.

(2) The term "accident" means a contingency (Provided, That if a person who has a disease or physical disorder suffers from a minor external factor or becomes worse, the minor external factor shall not be considered as a contingency accident) and the following classification table (attached Table 1) claims insurance money, insurance premium or refund claims are not exercised for two years.