logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2015.11.13 2014가단37342
보험금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 20, 2014, the Plaintiff entered into the instant insurance contract with the Defendant, between May 20, 2014 and May 20, 2062, between May 20, 2014 and May 20, 2014, for the insured Party B and the insurance period.

B. The instant insurance contract includes the content that the Defendant shall pay KRW 100 million with the insurance money if the insured dies due to a general injury during the insurance period.

C. On June 8, 2014, around 08:28:28, the foregoing B (hereinafter “the deceased”) was found to have been decomposed and killed in the state of corruption after having ever been ever reported down in the relevant vinyl C’s greenhouse in Gwangju Northern-gu, Gwangju, as a reflect.

[Reasons for Recognition] Each entry of Gap evidence 1 to 4 (including paper numbers)

2. The parties' assertion

A. The deceased, the insured of the instant insurance contract, who is the Plaintiff’s assertion, died of a general injury as stipulated in the terms and conditions of insurance, and the Defendant is liable to pay insurance proceeds under the instant insurance contract

B. In light of the Defendant’s assertion, it is difficult to view the deceased, the insured, as the insured of the instant insurance contract, to have died from bodily injury caused by a sudden and remote accident, and thus, it is not subject to the death insurance due to injury. Preliminaryly, pursuant to Article 22 of the instant insurance contract, the insurance contract is null and void if the insured’s written consent is not obtained by the time of entering into the contract at which the death of another person is subject to the payment of insurance money. Since the contract of this case did not obtain the written consent of the deceased, the insured, at the time

3. Determination

A. The term “accidents that occur abroad”, which are the requirements of insurance accidents under the insurance terms and conditions, is the physical defect of the insured, i.e., the cause of injury or death.

arrow