보험금
1. The defendant's appeal is all dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The court's explanation of this case is the same as the part of the reasoning of the judgment of the court of first instance, and thus, citing this case by the main text of Article 420 of the Civil Procedure Act.
[Defendant asserts that the accident in this case does not fall under the insurance accident in the first instance, because the accident in this case does not fall under the insurance accident in the second instance of the medical center building. However, it is reasonable to view that the accident in this case which fell from the second instance of the medical center building constitutes a sudden and incidental accident. Furthermore, in order to be exempted from the liability to pay insurance proceeds, the insurer must prove the fact constituting the reason for exemption (see, e.g., Supreme Court Decisions 2000Da12495, Jan. 30, 2001; 2001Da49234, Mar. 29, 2002). In full view of the evidence submitted by the Defendant at the trial, it is difficult to deem that the accident in this case was intentional by the insured or caused a mental illness, etc., and thus, it is difficult to deem that D had caused the injury or death to be considered in calculating the insurance proceeds due to such an accident.
2. If so, the judgment of the court of first instance is just, and the defendant's appeal is dismissed for all reasons.