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(영문) 서울중앙지방법원 2017.02.08 2016가단5207846
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. D (E) is an insured person who entered into a contract with the Defendant for non-dividendd 100 years old health partnership insurance (hereinafter “instant insurance”) with the content that KRW 200 million is paid at the time of the death of the injury on March 24, 2009. The Plaintiffs are siblings of D, and the Defendant is an insurer running non-life insurance business.

B. D Around 09:10 on April 24, 2015, 2015, a married couple was crashed by a middle wave in the middlewest-dong, Jung-gu, Seoul (hereinafter “instant accident”), and around 09:12 on the same day, a person who was around the same day was reported to the mobile phone in 119, and was sent to the emergency squad and was sent back to the F Hospital at around 09:40, and was sent to the F Hospital, but D was under treatment on the following day.

4. Around 25, 25:03:48, the death was the “multi-presidential long-term system.”

C. According to Article 16(1) of the Terms and Conditions applicable to the insurance of this case (Evidence No. 7), “if the insured was injured by an accident as stipulated in Article 14 (Compensation for Damages), and died as a direct result within two years from the date of the accident, the whole amount of the insurance coverage stated in the insurance policy (insurance policy) shall be paid as the death insurance amount.” Article 14(1) of the same Act provides that “If the insured was injured by a sudden and unexpected accident during the insurance period, the company shall compensate for the loss caused by the injury according to the terms and conditions.” Article 15(1) of the same Act provides that “The company shall not compensate for the loss caused by the following causes.”

[Ground of recognition] Facts without dispute, Gap evidence 1 to Gap evidence 7 (including provisional number), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiffs asserted that the accident of this case occurred under the influence of the Deceased, which occurred under the influence of alcohol by the deceased, falling under the middle Trancheon, shall be classified as the "hack, even though it is urgent and incidental."

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