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(영문) 서울중앙지방법원 2019.05.24 2018나83637
보험금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the judgment of the court of first instance, except where the third and second parts of the judgment of the court of first instance are used as follows, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

B. Determination 1) Of the requirements of an insurance accident covered by an insurance contract, contingent accident means an accident caused by an unforeseeable cause, not intentional but unexpected cause. It means an accident caused by an unexpected and unexpected process, and the occurrence of an accident means an accident caused by external factors, not due to a physical defect of the insured, a disease, physical physical condition, etc. In addition, the burden of proving the causal relationship between the occurrence of such accident and the result of injury or death, etc. is on the claimant (see, e.g., Supreme Court Decision 2010Da6857, May 13, 2010). Meanwhile, since the causal relationship in a civil dispute is not a medical and natural causal relationship, not a social and scientific causal relationship, this does not necessarily mean that the causal relationship has to be proved in a medical and natural science, and it is likewise the same in light of the legal principles as seen above, 208Da27427, supra, in determining whether the cause of an accident was caused by ex officio exposure to the deceased’s “ex officio accident” as defined in the insurance clause (see, 201).

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