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(영문) 서울고등법원 2017.08.24 2017나2024784
보험금
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. Basic facts and the grounds for the court’s reasoning concerning this part of the allegations by the parties are as follows: (a) except where the “instant insurance accident” in the fourth and fifth and third parallel parallels 8 and 13 at the bottom of the first instance judgment is deemed to be “instant accident”; (b) the corresponding part of the first instance judgment 1; and

2. The Plaintiff’s determination on the Plaintiff’s claim against the Defendant is identical to the Plaintiff’s assertion, and thus, the relevant part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination

A. The term “accidents occurred abroad,” which are the requirements of the instant insurance accident under the instant insurance contract, refers to all the causes of injury or death, not due to physical defects of the insured, i.e., physical or qualitative factors, but due to external factors, not due to the physical defects of the insured, and the causal relationship between the external nature of the accident and the result of injury or death, shall bear the burden of proof for the claimant of the insurance proceeds.

On the other hand, the causal relationship in civil disputes is not a medical natural and scientific causal relationship, but a social and legal causal relationship, so the causal relationship does not necessarily have to be proved clearly in the medical and natural science, but there should be considerable causal relationship between the cause and the result.

(see, e.g., Supreme Court Decision 2010Da12241, 12258, Sept. 30, 2010).

Therefore, I will examine whether the accident of this case was caused by a studio-accident in the plaintiff's assertion.

1) In full view of the overall purport of the pleadings as a result of the first instance court’s request for the appraisal of the medical records (a supplementary appraisal) to the head of an Aju University Hospital, the medical opinion regarding the instant accident is as follows. (A) The Plaintiff was at the time of the heart suspension (the name of the diagnosis was born by “the heart death” and “the cardiopulmonary resuscitation,” but was suffering from low oxygen cerebral brain damage.

The cause of the heart shall be 90% higher.

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