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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. C (hereinafter “the deceased”) entered into an insurance contract with the Defendant, the insurer, as the insured, “D” (hereinafter “D”) and “E (hereinafter “B insurance contract”). B. On May 7, 2019, the deceased was used after a horse learning exercise at a sports facility in the F University on and around 20:53, and died. The written autopsy of the deceased’s body was indicated as “emergency funeral” and “sick death” as the type of death, and the body autopsy of the deceased was not carried out. (c) The terms and conditions of each insurance contract stipulate that “injury” refers to “damage caused to the body of the deceased due to a sudden and remote accident that occurred during the insurance period,” and stipulate that the death insurance contract shall be paid in the event the insured died directly as a result of the direct death.
The Defendant paid KRW 10,111,232 to the Plaintiff for the death of the deceased on the ground that the death of the deceased constitutes the death of the deceased.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, and 8, the purport of the whole pleadings
2. The deceased’s acute heart funeral, without the plaintiff’s assertion of the disease, was caused by external physical elements, such as accumulated dives, stress, and large class of class, which eventually constitutes death due to sudden and incidental accidents, and thus, the defendant is obligated to pay 79,88,768 won, deducting 10,111,232 won of the death benefit of the first insurance contract, which was already paid to the plaintiff, the heir of the deceased, from KRW 30,000,000, and KRW 60,000,000 of the death benefit of the second insurance contract.
3. The risk covered by the judgment accident insurance refers to physical damage caused by an unexpected accident from the outside. Thus, the cause of the accident refers to the act from the outside of the body of the insured, such as physical disease.