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(영문) 수원지방법원 2017.04.05 2016나69505

보험금

Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Reasons

1. Facts of recognition; and

2. The reasons why the court should explain this part of the allegations by the parties are as stated in paragraphs (1) and (2) of the reasoning of the judgment of the court of first instance. Thus, this part is cited by the main sentence of Article 420 of the Civil Procedure Act.

3. Determination

A. Under the instant insurance contract, the term “accident” means that “the insured becomes a disability corresponding to each disability payment rate set forth in the Disability Classification Table as a result of a direct injury during the insurance period,” pursuant to Article 16(1) of the instant insurance contract, and in such a case, the term “injury” means that “the bodily injury suffered during the insurance period due to a sudden and unexpected accident occurring during the insurance period,” was earlier acknowledged.

B. Of the “emergency and contingency accident” which is the requirement of an insurance accident, the term “overseas accident” refers to all the causes of injury or death, i.e., the physical defect of the insured, i.e., disease, physical physical factors, etc., which are caused by external factors, not due to the physical defect of the insured. The applicant for insurance bears the burden of proof regarding the causal relationship between the external nature of such accident and the result of injury or death.

(See Supreme Court Decision 2001Da27579 Decided August 21, 2001, and Supreme Court Decision 2010Da12241 Decided September 30, 201, etc.). Comprehensively taking account of the aforementioned evidence, the result of the physical examination on the director of Ansan Hospital at the Korea National Medical Center at the Korea National Medical Center at the Korea National Medical Center at the first instance, and the fact-finding results, the Plaintiff is recognized as having been in a market situation one year for the escape certificate of a small number of conical signboards due to the escape certificate of the 5th century.

Therefore, I would like to examine whether the above disability of the Plaintiff is caused by an injury to the body caused by a sudden and incidental accident that occurred during the insurance period.

The evidence mentioned above, Gap evidence No. 13, and the result of the order to submit medical records to the head of the first instance B hospital, and the fact-finding on the director of the medical center at the Korea National University of Health Center at the Korea National University as a whole.