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1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. The reasoning for the court’s explanation on this part of the facts is as stated in the corresponding part of the reasoning of the judgment of the first instance, except for the addition of “the defendant upon the death of the insured” to 6 pages of the judgment of the first instance. Thus, this part is cited as it is in accordance with the main sentence of Article 420 of the
2. The gist of the Plaintiff’s assertion was that the Deceased died as a direct result of the bodily injury suffered from a sudden and unexpected accident, rather than due to the king, etc., and thus, the cause for the payment of the injury death benefit stipulated in the instant insurance contract did not occur. Even if not, the Plaintiff terminated the insurance contract on the ground that the Defendant did not notify the Deceased of the diagnosis and medication of urine disease for about two years prior to the conclusion of the insurance contract, and that the Deceased was diagnosed as having received diagnosis of dementia’s disease before about five months prior to the conclusion of the insurance contract, and that the Defendant was diagnosed as having received diagnosis of dementia’s disease. As such, there was no obligation to pay the Plaintiff’s insurance benefit to the Defendant under the instant
Even if there is an obligation to pay insurance money, the amount equivalent to the deceased's contribution to death should be reduced as much as the amount of the insurance money.
3. Determination
A. Whether or not the deceased died as a direct result of the instant traffic accident, the causal relationship in civil disputes is not a medical and natural medical causal relationship, but a social and legal causal relationship. The causal relationship is not necessarily required to be proved clearly in medical and natural science. Thus, the meaning of “where the deceased died as a direct result of the injury” as stipulated in the insurance terms and conditions should be understood from this point of view.
(see, e.g., Supreme Court Decision 2002Da564, Oct. 11, 2002). Meanwhile, an accident insurance is an insurance accident that causes physical damage to an insured person due to a sudden and rapid external accident during the insurance period.