(영문) 의정부지방법원 2016.06.22 2015가합54513

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2016.06.22 2015가합54513

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 October 7, 2014, the Plaintiff concluded an insurance contract with the deceased as the insured on the D main points located in Seongbuk-gu Seoul, Seoul (hereinafter “the deceased’s operating main points”) located in Seongbuk-gu, Seoul (hereinafter “the deceased”), under which the deceased would compensate the deceased for damages and losses incurred when a fire, etc. occurred, and concluded an insurance contract with the content that the deceased would pay 30 million won insurance money to the statutory heir in the event that the deceased died of a serious injury to his/her duties (hereinafter “instant insurance contract”).

B. According to the terms and conditions of the instant insurance contract, where the insured died as a direct result of an injury caused by an accident in the course of performing his/her duties, the amount of death insurance shall be paid, and where the insured, beneficiary, and contractor intentionally damages the insured, or where the cause for the payment of insurance proceeds occurred due to pregnancy, reason for childbirth, war, etc.

C. However, around 02:42 on January 26, 2015, the Deceased entered the place of operation of the Deceased, and the Deceased was found to have died with E at the same place as a partner at around 21:00 on the same day, and as a result of the investigation, E was found to have died of knife and knife of his chest and knife.

On the other hand, the deceased's heir has F, G, and H, the spouse of the defendant and his children.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, evidence 6 through 8, each entry of evidence 10, the purport of whole pleadings

2. Determination

(a) In order to constitute an injury or death in the course of the plaintiff's assertion, there must be an objective act that can be objectively recognized as an act for the plaintiff's business, and a subjective act must be an act with the intent of the insured to act for the plaintiff's business

However, at the time of the death of the deceased, the main points of the operation of the deceased are all doors.

유사 판례

-인천지방법원부천지원 2019.06.27 2019가단14754

-서울중앙지방법원 2015.10.21 2015가합528647

-서울중앙지방법원 2021.04.08 2020가단5028743

-서울중앙지방법원 2019.04.29 2018가단5102334

-수원지방법원 2020.01.15 2018가합26423