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(영문) 광주지방법원 2020.09.11 2020나55120

보험금

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The plaintiffs' claim in the first instance court and the plaintiffs' claim expanded by this court are revoked in part of the judgment of the first instance.

Reasons

1. Basic facts and the grounds for the court’s explanation in this part are as stated in the reasoning of the judgment of the first instance except for the following parts as well as the grounds for appeal by the parties. Thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Each " September 15, 2019" shall be added to " September 15, 2018."

The third first instance judgment of the first instance court "I" shall be replaced by "I Hospital".

2. Determination

A. The deceased, on January 19, 2018, entered into the instant insurance contract with the Defendant on and after the day, and Article 2(1) of the Special Terms and Conditions for Automobile Injury (hereinafter “instant Terms and Conditions”) of the instant automobile insurance contract provides that the Defendant shall pay insurance proceeds as prescribed by the instant Terms and Conditions in the event the insured was injured due to an accident that occurred during the possession, use, and management of insured motor vehicles, and the deceased was driving the instant motor vehicle at around 11:50 on September 14, 2018, while driving the instant motor vehicle at around 15:39 on the same day, he/she returned to the G hospital at around 19:00 on September 15, 2018, the deceased was showing symptoms around 20:21 on September 15, 2018, and the deceased was determined at around 10:18, 201 on September 21, 2018.

The causal relationship in civil disputes is not a medical natural causal relationship, but a social legal causal relationship, and the causal relationship does not necessarily have to be proved clearly in medical or natural science, so the meaning of "when death is caused directly as a result of injury" under the insurance terms and conditions is also the same.