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(영문) 전주지방법원 2014.12.11 2014나3460
보험금
Text

1.The judgment of the first instance shall be modified as follows:

Defendant KRW 12,00,000 to Plaintiff A, and KRW 8,000,00 to Plaintiff B.

Reasons

1. Basic facts

A. On November 19, 2009, Plaintiff A entered into an insurance contract with the Defendant for the term “sken” with the following (hereinafter “instant insurance contract”) and paid the premium. On October 9, 2012, Plaintiff A renewed the instant insurance contract.

- Policyholders: Plaintiff A - Insured - Amount of insurance coverage - Amount of 20,000,000 won: Insurance period: From November 19, 2012 to November 19, 2013 - Legal heir - Securities number of beneficiaries: D- When the examination of acute scarfencies prescribed in the terms and conditions becomes final and conclusive, 20,000 won shall be paid only once.

(hereinafter “instant insurance provisions”). B.

C appealed from November 25, 2012, from around 2012, the Plaintiff complained of a pain card that makes it difficult to brea and her chest. On the 27th day of the same month, the Plaintiff died at the above hospital at around 14:35.

C. On November 27, 2012, the medical doctor E of the literature-economic Day Hospital, who was in charge of treating C, diagnosed the type of death as a sergeant, the direct private person diagnosed as a scarcity of acute Maculer, and issued a death certificate with the same content.

C At the time of the death as above, there was Plaintiff A and Plaintiff B, the wife of whom was the property heir.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. The assertion;

A. The plaintiffs' assertion 1) The insurance contract of this case provides that the diagnosis of the acute scarcity is an insured accident. Since C, the insured, was diagnosed as the acute scarcity Mana, the defendant is obligated to pay 20,000,000 won and damages for delay to the plaintiffs, the beneficiary of the insurance of this case. 2) Even though the special terms and conditions of the insurance contract of this case, "Subject to the diagnosis of the acute scarcity Mana," along with medical history, 'the diagnosis is based on the diagnosis of the acute scarcity Mana, heart Mana, ornamental Mana, and blood.

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