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(영문) 대구지방법원 2015.02.24 2014가단116001
보험금
Text

1. The Plaintiff (Counterclaim Defendant) is the Defendant (Counterclaim Plaintiff) Plaintiff A with KRW 30,00,000,000, and KRW 20,000,00 for Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. The Plaintiff is an insurer, and Defendant A is the wife, Defendant B, and C of Nonparty D (hereinafter referred to as “the deceased”).

B. On September 20, 2004, the Plaintiff entered into an insurance contract with the Deceased, as indicated in the attached Table of the Insurance Contract (hereinafter “Drivers Insurance”) with the “Preamble driver Policy” (hereinafter “PPP”) and “PPP 10” (hereinafter “PP insurance”).

C. However, around 11:35, on March 16, 2014, the insurance period of the instant insurance period, the deceased was shocked by the fallings of the new village submers emergency room, and sent back to the new village submers room, on the ground that it cannot be known that the assignee-wings, waiting in Goyang-gu, Chungcheongnam-gu, Chungcheongnam-gu, North Korea, was waiting to reflect the cancer walls, etc. in the Goyang-gu, Seongbuk-gu, North Korea (hereinafter “the instant accident”). However, the deceased died from the strokes of the two external traumas

D. Of the instant insurance terms and conditions, the content pertaining to this case is as follows.

[Judgment of the court below] The ground for appeal 【Inflicting Insurance Co., Ltd. (Main Obligations of the Company) of the General Terms and Conditions No. 3 of the Insurance Contract, and the Special Terms and Conditions No. 80% or more of the Value of the Insured Co., Ltd. (Grounds for Recognition], Gap Co. 1 through 4

8. Descriptions of evidence of subparagraphs 9, Eul 1 through 4 (including branch numbers for those with serial numbers), and the purport of the whole pleadings;

2. Summary of the parties' arguments;

A. The plaintiff's assertion that the accident of this case occurred against the deceased in North Korea, and the accident of this case occurred during the period of the deceased's professional class for the purpose of his activities, and thus, the accident of this case constitutes a exemption clause of each insurance of this case. Therefore, the plaintiff is not obligated to pay insurance money to the defendants.

B. The defendants asserted that the accident in this case occurred while the deceased was specialized in the field for the purpose of club activities, and therefore the plaintiff is obligated to pay the insurance money under each insurance of this case to the defendants.

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