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(영문) 서울중앙지방법원 2018.08.22 2016가합540538
보험금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The Plaintiff A (former name: G) is a arbiter of the deceased H (hereinafter “the deceased”), and the Plaintiff B and C are children of the deceased.

B. On November 8, 2013, the Deceased concluded an insurance contract with Defendant F Co., Ltd. (hereinafter “instant insurance contract”) and the Plaintiff A entered into an insurance contract with Defendant E Co., Ltd. (hereinafter “instant insurance contract”) on April 15, 2015, including the first insurance contract.

In the insurance period of the first insurance contract, the beneficiary of the named contractor for the insured, I, the deceased’s legal heir of the deceased, from November 8, 2013 to November 8, 203, 203, the second insurance contract J (Class II) of the second insurance contract, Plaintiff A, A, the Deceased A, who died due to a sudden and unexpected accident during the insurance period, from April 15, 2015 to April 15, 2069. The insurance clause of the instant insurance contract provides that the beneficiary shall be paid the death insurance amount for the injury to the beneficiary when he/she dies

C. At around 09:20 on March 18, 2016, the Deceased was found to be dead from the adjacent drainage of the “L” located in the Crossing-gun of Gangwon-do.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 9, Eul evidence 1, Eul evidence 1, Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiffs asserted as the deceased lost mind by shocking the inner part, etc. of the water flown at the time, while drinking, and died with the body temperature with the clothes milched in the water flow at the time. As such, the Defendants are liable to pay the death benefit of injury in accordance with the insurance contract of this case.

B. The Defendants’ assertion 1) The deceased, who did not have the duty to pay insurance money, died due to chronic alcohol poisoning. Thus, it does not constitute “the case where the deceased died as a direct result of bodily injury caused by a sudden and incidental accident that occurred during the insurance period.” 2) The second insurance contract null and void does not cover the death of another person whose insured was the deceased.

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