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(영문) 대전지방법원 2016.02.03 2015나107098

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

The first instance court.

Reasons

1. Basic facts

A. On March 13, 2003, the Plaintiff entered into a disaster relief insurance contract with the Defendant (the post office of Korea Post) with the Plaintiff’s father B, and the beneficiary at the time of death, with the Plaintiff’s father B, and with the beneficiary at the time of death, with the insurance period of twenty years as the Plaintiff (hereinafter “instant insurance”).

B. The main contents of the instant insurance terms are as follows.

Article 12 (Types of and Grounds for Payment of Meet Insurance Money) (1) A communications agency shall pay the insurance money agreed upon to the beneficiary when any of the following events occurs to the insured during the period of insurance:

(See attached Table 1 “The Standard Table for Payment of Insurance Money”): Article 31 when death occurs due to a disaster (hereinafter “disaster”) prescribed in attached Table 2 (Disaster Classification Table) that occurred on the ordinary day, the service organization shall interpret the terms and conditions fairly in accordance with the principle of good faith, and shall not interpret them differently according to the contractor.

(2) Where the meaning of a standardized contract is unclear, a postal service agency shall interpret it in favor of a contractor.

The term "insurance proceeds for death in ordinary daily accident" in attached Table 1 means an accident that occurs due to a contingency (Provided, That if a person who has a disease or physical handicap suffers from a minor external factor or has aggravated symptoms, the minor external factor shall not be deemed an contingency accident) under the following classification:

14. 22. The exposure to the force of nature; 24. Other cases of non-biological exposure to the force of nature; and 26. The intention of this case is unknown.

C. B, around March 21, 2013, 2013, he cut a fire-fighting tree around the 17:30 on the same day, and was found to have been on the right side to the floor of the lower land below that of a tree of approximately 30 cm in diameter, in the surrounding forests and fields around the 17:30 on the same day.

[Ground of recognition] There is no dispute.