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(영문) 서울고등법원 2015.06.05 2014나2052603
보험금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order of payment shall be revoked, and

Reasons

1. The reasoning for the court's explanation on this part is that the "amount of insurance coverage" in Section 2, Section 11 of the judgment of the court of first instance is "the amount of death insurance for an injury accident", Section 2, Section 12, "Undividendd Down Happinessiness Insurance (Ha one hundred4)," Section 2, "insured" in Section 2, Section 3, "The insurance policy" in Section 3, "B" after Section 4, "B" after Section 4, and around February 11, 2012, "The long-term damage and excessive transfer of Section 4, 5," "In addition to each case, the part of the judgment is cited in the main sentence of Article 20 of the Civil Procedure Act."

2. Determination of the parties' arguments

A. The plaintiffs' assertion 1) The plaintiffs asserted that the deceased died as a direct result of the bodily injury caused by a sudden and incidental accident that occurred during the insurance period. As such, the defendant asserts that as the heir of the deceased, the beneficiary of the insurance contract of this case is obliged to pay KRW 100,000,000 according to their respective inheritance shares. 2) The defendant's assertion that the defendant did not have any intention to death in the process of wrapping with F.

Even if at least there was willful negligence on injury, the accident in this case does not constitute an accident, and as an accident caused by the deceased’s intentional intent, the defendant asserts that the defendant does not have any obligation to pay the above death insurance money to the plaintiffs, since it falls under the exemption from liability under Article 659(1) of the Commercial Act and Article 16(1)1 of the insurance clause of this case.

B. The "accident" among the elements of the insurance accident guaranteed by the insurance contract, which is the defendant's obligation to pay the insurance proceeds, refers to the insured.

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