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(영문) 서울고등법원 2017.04.20 2016나2088989
보험금
Text

1. The judgment of the court of first instance is modified as follows.

1 The defendant Han Korean Life Insurance Co., Ltd. shall be appointed for the Selection A on 301.

Reasons

1. The reasoning for the court's reasoning for this part of this judgment is as follows: (a) except for the change of "Plaintiffs" to "A, B, and C", "Plaintiff D" to "Plaintiffs," "Plaintiff A," "Plaintiff B" to "Appointed B," and "Plaintiff C" to "Appointed C," the same part of the judgment of the court of first instance, which falls under the corresponding part of the judgment of the court of first instance, is identical to the description from No. 9 to No. 6, No. 2, and therefore, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The parties' assertion

A. On the basis of the assertion that the instant accident constituted “emergency and incidental accidents” as stipulated in each of the instant insurance contracts, the Plaintiff and the designated parties A, B, and C, and C, and based on the assertion that the instant accident constituted “emergency and incidental accidents” as defined in the insured events, the Plaintiff and the designated parties A, B, and C seek insurance payment from the Defendant Hansung Life Insurance, K non-life insurance, and succeeding intervenors under each of the instant insurance contracts

B. As to the assertion by the Defendant Hanhwa Life Insurance, K non-life insurance, and successor intervenor as to the deceased’s suicide, the Defendant Han Hanhwa Life Insurance, K non-life insurance, and successor intervenor asserted that the instant accident did not constitute “emergency and incidental accidents” as stipulated in each of the instant insurance contracts as an insured event.

C. In addition, Defendant K non-life insurance and successor’s assertion on the violation of Article 103 of the Civil Act also asserts that Defendant K non-life insurance and successor’s assertion is null and void pursuant to Article 103 of the Civil Act, considering the property status of the deceased, the size of the insurance contract indicated in the attached Form 3. Insurance Contract No. 3.5 concluded by the deceased, etc., and the time of conclusion of the insurance contract.

3. Whether the instant accident is a sudden and conclusive accident

A. The relevant legal doctrine is based on a personal insurance contract.

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