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(영문) 서울고등법원 2016.07.15 2015나2075962
채무부존재확인
Text

1. Revocation of a judgment of the first instance;

2. As to the accident that the deceased B died on October 8, 2014, it is listed in the separate sheet.

Reasons

1. Basic facts

A. The Plaintiff, as the insured, concluded each of the insurance contracts listed in [Attachment 1, 2, and 4] as indicated in [Attachment 1, 2, and 4 with the Deceased, and concluded each of the insurance contracts described in [Attachment 3] with Samsung Electronic Co., Ltd. as the insured.

(hereinafter referred to as "each of the instant insurance contracts"). (b)

Each of the insurance contracts of this case includes the contents that statutory heir, who is the beneficiary of death insurance, shall pay the death insurance for bodily injury in the event the insured dies during the insurance period.

The general terms and conditions or special terms and conditions of each of the above insurance contracts stipulate that "if the insured dies as a direct result of an injury (referring to an injury inflicted on his/her body due to a sudden and unexpected accident that occurred during the insurance period) during the insurance period (excluding death caused by a disease)" shall be subject to the payment of the benefit for injury death.

C. On October 8, 2014, at around 21:42, the Deceased was found to have died in a state of being accumulated in the floor of the embankment with the upper and lower clothes in the way of residence in the area of JJ located in Suwon-si, Suwon-si.

(hereinafter “instant accident”). D.

The defendant shall be the mother of the deceased who is a beneficiary of the death benefit.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, 5 through 8 (including the number of branch offices), Eul evidence 1, and the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The deceased’s private person is a heart in the cause of the accident, and there is no evidence to deem that the deceased’s cause for the death of an injury under each of the insurance contracts in this case was the direct result of the bodily injury suffered by a sudden and incidental accident, which is the cause for the death of an injury.

Nevertheless, the defendant asserts that the deceased died at the heart due to low physical temperature, and sought the payment of the death benefit for injury, so with respect to the accident of this case, the injury death benefit for the defendant under each insurance contract of this case.

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