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(영문) 의정부지방법원고양지원 2016.08.18 2015가단277

보험금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 2014, the Plaintiff entered into an automobile insurance contract (hereinafter “instant insurance contract”) with the Defendant and B as a named insured person, and with the insurance period from March 11, 2014 to December 2, 2014, including a special agreement for the payment of insurance proceeds of KRW 30 million in cases where the insured died or was injured due to his/her own physical accident (hereinafter “instant insurance contract”).

B. The occurrence of a traffic accident and C’s death (1) occurred on October 7, 2014, and C returned to Korea after completing a outpatient treatment at the Sinsan University Hospital located in Yongsan-gu, Busan Metropolitan City, Busan Metropolitan City on October 7, 2014, and suffered injury, such as a cage cage at the right-hand cage at the front part of the said vehicle’s parking fees settlement office, which was received as the front part of the said vehicle.

(2) On October 8, 2014, the following day via the emergency room after the instant traffic accident, C hospitalized in the chest X of the said hospital. From October 9, 2014, a large volume of snowfalls began and continued to exist. On October 10, 2014, a change in the consciousness of anti-compacted status and the heart suspension occurred, which took place as a patient’s room after cardiopulmonary resuscitation, but on October 11, 2014, after the aftermath of the instant traffic accident, he was transferred to the middle patient’s room. However, the blood transfusion and the dives surgery occurred and died on October 11, 2014. The direct private person was diagnosed as “pactic shock”, “new functional parts”, and the preceding private person was diagnosed as “datulous datum.”

C. On October 12, 2015, the Plaintiff received the remainder of the claim for insurance proceeds, excluding one’s own shares of inheritance, from other inheritors of the Deceased on or around October 12, 2015 with children of C (hereinafter “the deceased”).

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 5 (including each number in the case of additional number), and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that since the deceased died due to the traffic accident in this case, the defendant is obligated to pay the death benefit due to his own physical accident.

As to this, the defendant is against the traffic accident of this case.