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(영문) 서울고등법원 2016.11.29 2015나2073713

보험금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The grounds for the judgment of the court of first instance shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure Act citing the judgment of the court of first instance

However, some of the following shall be dismissed or added, and the judgment on the allegations made by the plaintiff in this Court shall be added.

[Supplementary part of the judgment of the court of first instance] 10 pages 2 of the judgment of the court of first instance, “the plaintiff shall be the insured, the plaintiff shall be the beneficiary of the death,” and “the deceased or the plaintiff shall be the deceased as the beneficiary of the death, the plaintiff, or his heir.”

The 3 pages of the first instance judgment, 9 pages 5, 6, and the following 3 pages shall be written in the letter of “an average”.

Under the 6th sentence of the first instance judgment, “In light of the fact that: (a) the deceased attempted suicide by putting the No.444 after the death of the No.44, and then burning it within the room”; and (b) “The No.454, the deceased confirmed the lottery and attempted suicide by keeping it out of the room the body of the body of the body of the water.”

The 9th sentence of the first instance judgment "... whether unpaid insurance money exists" shall be changed to "... whether unpaid insurance money exists".

On the 9th page 2-3 of the first instance judgment, “The Defendant is obliged to pay the Plaintiff insurance proceeds with the special agreement of this case subject to the special agreement of this case.” As the deceased’s death was caused by “suic death,” not by “accident,” the Defendant is obligated to pay the Plaintiff the insurance proceeds calculated according to the rate of the payment of the insurance proceeds stipulated in the special agreement of this case, except in the case.”

[추가하는 부분] 제1심판결문 6면 12행 다음에 "⑽ 일산화탄소 중독 후에는 약 1개월 전후로 ‘일산화탄소중독후 지연성뇌병증(delayed encephalopathy after CO intoxication)’이라는 현상이 발생하는바, 급성 일산화탄소 중독에서 회복되어 차츰 상태가 호전되던 환자가 중독 후 1달 정도 경과한 무렵 갑자기 상태가 다시 악화되면서...