보험금
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
purport.
1. The reasoning for this part of the judgment of the court is the same as that of the corresponding part of the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act
2. Determination as to the cause of action
A. Legal doctrine 1) Of the “emergency accident” which is the requirement of an insurance accident as stipulated in the insurance clause, the term “emergency accident” refers to all the causes of the injury or death caused by external factors, not due to the physical defect of the insured, i.e., disease or physical physical factors. As to the causal relationship between the external nature of the accident and the result of injury or death, the claimant bears the burden of proof. Moreover, in civil disputes, the causal relationship in civil disputes is not a medical and natural causal relationship, but a social and legal causal relationship, and thus, it does not necessarily have to be proved clearly in medical and natural science. However, in determining whether the causal relationship was dead due to the “accident” as stipulated in the insurance clause, there is a considerable causal relationship between the accident and the death (see Supreme Court Decision 2010Da1241, 12258, Sept. 30, 2010). The term “accident occurrence in the course of an accident unforeseeable by an accident insurance contract” means an accident unforeseeable as an accident under the ordinary requirement of an accident.
(Supreme Court Decision 2008Da78491, 78507 Decided August 19, 2010). (B)
Judgment
In full view of the following circumstances, the evidence mentioned above and the statements in Gap evidence Nos. 7 and 8 as a whole, the deceased’s blood alcohol concentration caused by a large quantity of drinking on the day of the death.