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(영문) 대구지방법원경주지원 2015.08.11 2014가단12426
보험금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The deceased D (hereinafter “the deceased”) concluded each insurance contract with the Defendant with the content that the deceased would pay the insurance proceeds to the heir, who is the beneficiary, when the deceased died due to an injury as follows:

(hereinafter referred to as “each of the instant insurance contracts”) No. 1: Type 1 TM franchise contract number of the cancer insurance (Hi1306): The beneficiary of the deceased: 50,000,000 won guarantee amount: The details of the deceased’s subscription amount: 2) the name of the product: The basic franchise (Hi1204) contract number of the non-distribution franchise comprehensive insurance (Hi1204): the insured: the insured’s subscription amount: 20,000 won guarantee amount per year when he/she dies: 20% of the subscription amount per year when he/she dies due to injury;

B. The special terms and conditions of each of the instant insurance contracts stipulate that the Defendant shall pay the death benefit if the insured dies as a direct result of the injury during the insurance period; however, the above injury refers to an injury inflicted on the body (including bodily assistance equipment, such as trees, artificial organs, artificial arms, artificial arms, and arms, but excluding bodily assistance equipment, such as clothes, artificial organs, artificial arms, and arms, which occurred during the insurance period, and which takes place as a substitute for its function).

[Article 1(1) and (3) of the Special Terms and Conditions for Guarantee of Injury (Renewal) and Article 1(1) and (2) of the General Terms and Conditions for Guarantee of Death (Hi1204) 1-1. C. of the General Terms and Conditions for Guarantee of Injury Death (Hi1204)

On April 25, 2014, around 09:30 on April 25, 2014, the deceased was found by neighboring residents I while enjoying rhythm from the floor of H restaurant in Seoul Special Metropolitan City, Nowon-gu.

At the time, the outer intrusion was not discovered, and the body was not found with other external force, and the trace of the body or reflect by external force was not found.

E. The plaintiffs are children of the deceased.

【Ground of recognition” without any dispute, Gap evidence 1-1, 2, 3, 4-1, 2-2, and Eul evidence 1-1, 2.

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