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(영문) 서울중앙지방법원 2014.10.02 2012가합529700

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 5, 2010, Nonparty B and the Defendant entered into an insurance contract with one-year maturity refund type with the content that the insured would receive KRW 300,000,000 in the event of the insured’s death due to an accident by designating the beneficiary as the statutory inheritor at the time of death (hereinafter “instant insurance contract”).

B. According to the disaster classification table of attached Table 2 of the insurance clauses which are the contents of the insurance contract of this case (hereinafter “the insurance contract of this case”), “the Defendant shall pay insurance money to the insured in the event of any contingent external accident falling under the Korean Standard Disease and Death Classification (S00~Y84) and shall not pay insurance money in the event of any disease or physical damage, which occurs due to minor external factors, or the symptoms of which are aggravated.”

C. At around 18:00 on April 15, 2012, the above B searched around B’s family members due to no contact, and discovered B’s spouse who searched around B’s family members and used her face toward B’s face toward the ground on the ground of the chill of a mountain mountain, a mountain mountain, in the vicinity of the house, around 1:15 on April 16, 2012.

Since then, B returned to the hospital on April 16, 2012, but died (hereinafter “the instant accident”), around 4:42, 2012 (hereinafter “the instant accident”), B was called “the deceased”).

The plaintiff is the deceased's son.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 4, purport of whole pleadings]

2. The parties' assertion

A. The Plaintiff’s assertion was deceased by external factors such as drinking, night flashing, and climatic shock, not by the heart disease. The instant accident constitutes contingent external accidents.

Therefore, the defendant should pay 300,000,000 won and damages for delay for the death of disaster according to the insurance contract of this case to the plaintiff, who is the legal inheritor of the deceased.

B. The defendant's assertion.