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(영문) 전주지방법원 2018.06.19 2016가단19277
보험금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On April 12, 2010, B, the husband of the Plaintiff, entered into an insurance contract between the Defendant and the insured with the term of insurance from April 12, 2010 to April 12, 2068, wherein the Plaintiff’s insured status is the Plaintiff, and the period of insurance from April 12, 2010 to April 12, 2068 (hereinafter “instant insurance contract”).

The terms and conditions of the instant insurance contract define the term “injury” as “injury inflicted on a person’s body due to an sudden and unexpected accident occurring during the insurance period.”

B. On August 10, 2013, the Plaintiff received an emergency treatment after being transmitted to a high Chang Hospital at around 23:49, when the Plaintiff received cardiopulmonary resuscitation from the 119 first aid unit, which had arrived at the site of around 23:23,00, due to the symptoms of sudden respiratory difficulty at his own home and received an emergency treatment.

After that, the plaintiff was transferred to the Jeonnam University Hospital at around 02:10 on the following day and received treatment.

However, the Plaintiff had disabilities such as the control disorder, pedestrian disability, verbal disability, etc. due to the damage of an infertility brain.

(hereinafter referred to as the “instant accident”). [Grounds for recognition] The fact that there is no dispute, Gap’s evidence Nos. 1 through 6, Eul’s evidence No. 5, and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The main point of the Plaintiff’s assertion is that the instant accident occurred by the Plaintiff’s arbitr and TV, and that it was caused by the Plaintiff’s disease, as it was caused by the “emergency and exorbitrative exorcition,” inhaled in the Do.

Therefore, the defendant should pay to the plaintiff the amount stated in the purport of the claim with the insurance proceeds related to the harm caused by the "injury" stipulated in the insurance contract of this case.

B. The term “overgoing accidents” among the “overgoing accidents,” which are the requirements of insurance accidents under the relevant legal principles and relevant legal principles and insurance clauses is attributable to the physical defects, i.e., illness or physical physical factors of the insured.

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