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(영문) 부산지방법원 2018.01.26 2017나45308
보험금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for appeal by the plaintiffs citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the fact-finding and decision of the court of first instance are justified even if each evidence submitted to the court of first instance was presented to this court.

Therefore, the court's reasoning for this case is as follows: ① the plaintiff's argument on Section 3, Section 8 of the first instance court's judgment "A. The plaintiff's assertion" is "A. The plaintiff's argument on Section 4," and the plaintiff's argument on Section 4 as "the plaintiff's" respectively. ② The plaintiffs' assertion on the part that the plaintiffs alleged to be emphasized or additionally claimed in the trial are as stated in the reasoning of the first instance court's judgment, except for the additional determination as to the part that the plaintiffs alleged to be emphasized or additionally in the trial

2. Additional determination

A. The plaintiffs asserted that the deceased had lived in a usual and healthy life, and that the deceased died from a sudden and unexpected accident that occurred outside the body, such as drilling and strong wind at the time of his/her death, or died of his/her imminent pressure due to low temperature symptoms or minor resistant diseases at the time of his/her death, and thus, he/she constitutes a "accident," which is the cause of the payment of insurance proceeds, due to the death of the deceased, due to the light pressure bombing of the safety mother support team.

B. The term “disaster” refers to a sudden and incidental accident, and the cause of the accident refers to an accident from the outside of the body of the insured, and is excluded from an internal cause, such as a physical disease, etc., and when a person with a disease or a physical properties, who suffers from a minor external factor or has aggravated symptoms, such minor external factor cannot be deemed as an contingent external accident.

If insurance money is claimed on the ground of death due to disaster, it is between the external nature of the accident and the result of death.

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