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1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiffs' claim corresponding to the above revocation part is filed.
Reasons
1. Basic facts
A. On February 22, 2011, the deceased C (hereinafter “the deceased”) entered into an insurance contract between the Plaintiff and the deceased with the insurance period as the deceased, from February 22, 2011 to February 22, 2089, with the beneficiary of the death insurance as a legal heir, and with the amount of general injury as KRW 100 million (hereinafter “instant insurance contract”).
B. Article 17(1) of the General Terms and Conditions of the instant insurance contract (hereinafter “the instant insurance contract”) provides that “In the event the insured aged 15 or older suffers bodily injury during the insurance period (referring to bodily injury caused by a sudden and unexpected accident during the insurance period; hereinafter “injury”) and dies directly as a result (excluding death caused by a disease), I will pay the beneficiary the total amount of the insurance coverage as the death insurance amount.” Article 19(1) of the said insurance contract provides that “The company shall not prevent insurance money when any of the following events occurs,” and Article 19(1) of the said insurance contract provides that “I will pay the insurance money if the insured has damaged himself/herself under the condition that it is unable to make a free decision due to a defect, etc. of the insured.”
C. On March 1, 2011, the Deceased received education as a student officer candidate from the Department of H of the National University, and was appointed as the Army Superintendent on March 1, 201, and the same year.
6. From the 28th day to the 58th day to the 1st day of the 23th century located in Yangyang-gun, Gangwon-do, as the 1st day of the 58th century.
From October 4, 2011 to the coastal boundary operations, the Deceased, but around 11:30 on July 11, 201, at the 3rd gate of the coast, 150 meters away from the patrol to the 150 meters away from the 3rd gate of the coast, and died at the 2nd gate ordinary course of the deceased.
(hereinafter “instant accident”) e.
The plaintiffs are the deceased.