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(영문) 서울북부지방법원 2019.09.27 2019가단102809

보험금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 14, 199, the Plaintiff’s spouse B entered into a traffic safety insurance contract between the Defendant and the insured on January 14, 2019 (hereinafter “instant insurance”). The details of the instant insurance are as follows.

◆ 뺑소니, 무보험자동차에 의한 교통사고로 사망시: 1억 원 ◆ 대중교통 이용 중 교통사고로 사망시: 1억 원 ◆ 교통재해 중 위 2가지 사고를 제외한 교통재해(기타 교통재해)로 사망시: 5,000만 원 ◆ 보험기간이 끝날 때까지 살아 있을 때(만기급부금): 이미 납입한 보험료 보험대상자가 교통재해 이외의 원인으로 사망하였을 때 이미 납입한 보험료를 지급함. 나.

B, on December 27, 2017, after 17:00 on December 27, 2017, the house died.

(hereinafter referred to as “instant accident”). [Grounds for recognition] The fact that there is no dispute, entry of Gap 1, 2, and 4 in the evidence, and the purport of the whole pleadings.

2. The plaintiff's assertion and determination that the accident of this case constitutes "when the accident of this case dies from a traffic disaster except for the main body, non-insurance vehicles, and public transportation." Thus, the defendant is obligated to pay KRW 50 million to the plaintiff, who is the beneficiary of the insurance of this case.

However, since the accident of this case is clear that it does not constitute a traffic accident under the insurance of this case as the payment cause of insurance money, the plaintiff's above assertion is without merit.

(On the other hand, the Defendant recognized that the instant accident pursuant to the Disaster Draft Insurance Contract, which is another insurance contract entered into with B, falls under the “accident occurred on the ordinary day,” and paid KRW 30 million to the Plaintiff. In the instant insurance case, the Defendant paid KRW 1,452,000 to the statutory heir of B on June 20, 2018, since B died due to a traffic accident other than the instant traffic accident. 3. The Plaintiff’s claim for the conclusion is dismissed on June 20, 2018.