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(영문) 서울중앙지방법원 2020.02.04 2018가합556704
보험금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 31, 2015, the Plaintiff entered into a DNA contract with the Defendant (hereinafter “instant insurance contract”) with the insured, the beneficiary, the Plaintiff, and the insured period from August 31, 2015 to August 31, 2050 (hereinafter “instant insurance contract”).

B. According to the instant insurance contract, where the insured dies as a direct result of the injury during the said insurance period (except for death caused by a disease), KRW 150 million shall be paid to the beneficiary as the death benefit (Article 1 of the General Terms and Conditions for the Guarantee of Death in Injury) and ② Where the insured dies as a direct result of the injury during the period from August 31, 2015 to August 31, 2040 (except for death caused by a disease), the beneficiary shall be additionally paid KRW 150 million to the beneficiary as the death benefit.

(Article 1 of the General Injury and Death Security Clause). On the other hand, the term "injury" used in the insurance contract of this case means "injury inflicted on the body of the body (including physical aids, such as trees, artificial organs, artificial arms, artificial arms, and artificial arms, etc., but excluding physical aids, such as artificial organs, artificial arms, artificial arms, etc., that may replace their functions)" due to a sudden and remote outpatient accident that occurred during the insurance period.

(see Article 2 of the General Terms and Conditions).

C was hospitalized in a sanatorium on May 28, 2018 (hereinafter referred to as “inception hospital”) as a person who was suffering from urology, high blood pressure, and Pacificson’s disease, and was hospitalized in a sanatorium on May 28, 2018. On the 29th day of the same month, at around 07:00-08:00 of the same month, there was a sathyxia by a person who saved food during an inception (hereinafter referred to as “inception accident”), but a sathyxia occurred (hereinafter referred to as “inception accident”).

6. 6. At around 08:20, death was caused by acute respiratory (direct).

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1) The net C (hereinafter “the deceased”).

on May 29, 2018, from a sudden and conclusive external point of view.

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