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(영문) 대전지방법원 2019.04.30 2018가단205695
보험금
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. On January 16, 2015, the Plaintiff (appointed; hereinafter “Plaintiff”) concluded an insurance contract with the Defendant with the same content (hereinafter “instant insurance contract”).

Insurance types: The insurance beneficiary at the time of the death of the self-insured: the statutory period of the insured's heir: From January 16, 2015 to January 16, 2035, the defendant shall be paid KRW 100 million of the death insurance amount if the insured suffers bodily injury due to a sudden and unexpected accident during the insurance period and dies as a result of his/her direct death.

(see Article 1 of the Special Terms and Conditions for Injury Death, Article 2 (3) 1 of the General Terms and Conditions. (b)

The J completed a pup of April 22, 2017 at a restaurant on April 19, 2017, and returned to the village where the tourist bus was moved and died.

C. The heir of J is the Plaintiff, Appointed C, Appointed D, and K’s spouse who died as his/her child, E, his/her child, F, Selection G, and Selection.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6 (including additional numbers), Eul's statement under subparagraphs 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that the plaintiff of the contract of this case, the insured of the insurance contract of this case, was old 82 years of age, when J was traveling along a tourist bus for a considerable period of time from the first to the second half of the year, and completed meals rapidly and was frighted for the reason of water supply, etc., and was frightd due to the brea, etc., which was included in the old soil, and died of a sudden and incidental accident. Thus, the defendant asserts that the plaintiff and the designated parties, the heir of J, are obliged to pay the injury death insurance money in accordance with the insurance contract of this case.

As to this, the defendant's death is not caused by a sudden and incidental accident of J, and thus, the plaintiff's claim is not filed.

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