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(영문) 서울중앙지방법원 2016.05.13 2015가단5281748

보험금

Text

1. Each of the plaintiffs' claims is dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On March 19, 2015, the Plaintiff entered into an overseas travel insurance contract II with the name of the fraternity company, namely, “the insured D, the beneficiary’s legal heir, and the general accident death insurance amount amounting to KRW 100 million.”

B. D A on May 7, 2015, died within the bath of Nowon-gu, U.S. E around 21:11

(hereinafter the above accident is referred to as “the accident of this case,” and D.C.

The terms and conditions of the above insurance contract are as follows.

Article 3 (Grounds for Payment of Insurance Money) The Company shall pay the insurance money agreed upon to the beneficiary in any of the following cases during the course of travel until the insured has arrived at the place of his/her domicile after departing from the place of residence for the purpose of travel listed in the insurance policy:

1. If he/she dies as a direct result of an injury during the insurance period (excluding death due to a disease): The death insurance proceeds;

D. On July 31, 2015, the Defendant paid the Plaintiffs KRW 15 million as insurance money for the death of a disease during overseas travel in accordance with the foregoing special terms and conditions of the death of a disease.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1 through 9 (including family number, hereinafter the same shall apply), Eul evidence 3, or the purport of whole pleadings

2. Determination on the cause of the claim

A. 1) The Plaintiffs died due to the death of the deceased, and this constitutes an accident due to contingent external factors. Accordingly, the Defendant is obligated to pay insurance proceeds according to the inherited portion to the Plaintiffs, who are the inheritors of the deceased. 2) The direct and conclusive cause of the death of the deceased, shall be a high blood pressure and cardio-cerebral chlorierism. Therefore, the instant accident does not constitute a contingent accident, which is an accident guaranteed under the said insurance contract.

B. The term “overbound accident” among “overbound accident”, which is the requirement of an insurance accident under the insurance terms and conditions, means the physical defect of the insured.