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(영문) 의정부지방법원 2015.04.21 2014가단25764
보험금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On October 17, 1997, between the Defendant and the deceased, the Plaintiff’s husband of the Plaintiff B (hereinafter “the deceased”) entered into an insurance contract with the Deceased, setting the insurance amount as KRW 10 million from October 17, 1997 to October 17, 2017, setting the insurance amount as KRW 10 million, and the terms and conditions of the instant insurance contract are as stated in the attached insurance terms and conditions (hereinafter “instant insurance contract”). According to the said terms and conditions, the traffic accident death insurance contract while on board a usual vehicle is KRW 150,000,000.

B. At around 13:40 on January 2, 2014, the Deceased, at the construction site of the E-owned new building in Yangju-si, was a concrete pumps (F; hereinafter “instant pumps”) owned by the Deceased, in order to put up a sudden slicker on the road where the level of sloped 14 degrees of slope, the Deceased was running on the said pumps (hereinafter “instant accident”). The said pumps turned about about 40 meters, and stopped the wall, which led to the shocking of the wall.

The Deceased died from an emergency treatment after being transmitted to a hospital due to the instant accident, which was killed in an exposure shock.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 3, and 4, fact-finding results on the two chief police stations of this court, the purport of the whole pleadings

2. The plaintiffs' assertion

A. The Deceased removed the scrap trees installed with wheels to move the above pumps by using the instant pumps. On the ground that the Deceased was not aware of his own, the instant accident occurred while the Deceased was trying to have his driver’s seat door up and enter the vehicle and stop the vehicle. The instant accident constitutes a traffic accident in the course of on-the-day vehicle, and the Defendant constitutes a death insurance premium of KRW 150 million against the Plaintiffs.

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