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(영문) 대구지방법원 2015.03.20 2013가단60521

보험금

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On June 18, 2004, D (EE) entered into an insurance contract with the Defendant for love for dividends without dividends (hereinafter “instant insurance contract”).

According to the insurance contract of this case, where D dies as a direct cause other than a traffic accident, 50 million won is paid as insurance money for death of a disaster.

B. The instant insurance contract (disaster classification table) provides that "accident" refers to an accident that happens due to a sudden external factor (Provided, That if a person who has a disease or a physical handicap suffers from a minor external factor or has aggravated symptoms, the minor external factor shall not be deemed an accident) and provides that "influent external factor" shall be included in the disaster classification table (classification No. 16.), but it provides that "influence of a bad thing" shall be excluded from a disaster with regard to a pulmonary disorder and a cirrary disorder caused by a disease among the following accidents (as for the following accidents, quality, and drhetoric factor, e.g., a disaster accident).

C. At around 11:00 on September 5, 2013, D, while entering the friendly house located in the GJF, D was sleeped in the South Gyeongcheon-gun in the area of the BJ, Sungcheon-gun, Seongbuk-gun, and around 14:00 (the next time of death as indicated in A’s death diagnosis document) (hereinafter “the instant death”).

At around 19:50 on September 5, 2013, the deceased discovered the body of the deceased, and at around 19:50 on September 5, 2013, the deceased was in a state where he was used in the river floor of about 30cm high water depth.

The plaintiffs are the deceased's spouses and children. D.

The deceased’s death diagnosis report (the body autopsy report, the evidence No. A 4) drafted on September 5, 2013 after undergoing an inspection through brain CT shooting is written as follows: “Direct death” and “the cause of direct death is written as “the proof of blood transfusion”.

Detailed details of the death diagnosis document and the copy of medical records (A) at the time shall be as specified in attached Form.