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(영문) 전주지방법원 2016.08.18 2016나4368
채무부존재확인
Text

1. Revocation of a judgment of the first instance;

2. The time limit for the attached list insurance contract related to the death of the networkC.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. The reasoning of the judgment in this part of the basic facts is the same as that of the corresponding part of the judgment of the court of first instance, thereby citing it in accordance with the main sentence of Article 420

2. The reasoning of this part of the judgment by the parties is the same as that of the corresponding part of the judgment by the court of first instance, and thus, this part is cited in accordance with the main text of Article 420

3. Determination

A. The legal doctrine of the instant insurance contract, which is the requirement of the insurance accident, refers to the “emergency accident” that is the requirement of the insurance accident under the instant insurance contract, refers to all the causes of injury or death, not due to the physical defect of the insured, i.e., illness or physical physical physical factors, but due to external factors. The burden of proof exists on the claimant for insurance as to the causal relationship between the external nature of such accident and the result of injury or death.

(see, e.g., Supreme Court Decision 2013Da210466, Jul. 10, 2014). (B)

In other words, we examine whether the deceased died due to a sudden and incidental accident in this case.

According to the above medical opinion, the above adopted evidence comprehensively takes into account the following circumstances, namely, ① intrusion into the brain infection virus of this case through the air, etc., as with other pathogens, the deceased appears to have been infected with a virus in the course of daily life, such as a camp training and a competition, and there is no special circumstance to recognize the outpatient in the course of infection such as infection by other special vehicles. ② Overwork and stress of the deceased appears to have been continuously proceeded for a long time due to long period of time due to a long-term camp training and a show of stress on the deceased immediately before the outbreak of the brain infection of this case.

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