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(영문) 대법원 2018.10.25 2017다273359
보험금
Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

The grounds of appeal are examined.

1. The term “overbound accident” among the “overbound accident,” which is the requirement of an insurance accident under the insurance terms and conditions, means that the cause of injury or death means all the physical defects of the insured, i.e., physical or qualitative factors, which are not caused by the physical disability of the insured, i.e., the external factors, and the causal relationship between the external nature of such accident and the result of injury or death, the claimant for insurance bears the burden of proof.

(see, e.g., Supreme Court Decisions 2001Da27579, Aug. 21, 2001; 2010Da12241, Sept. 30, 2010). The provision in the terms and conditions provides that "if a person who has a disease or physical disease suffers from a minor external factor or has aggravated symptoms, such minor external factor shall not be deemed an contingent external accident, even if the external factor is a direct and important cause of death, and where the physical factor is a direct and important cause of death, the mere external factor is excluded from an accident under the terms and conditions, so long as the direct cause of death is a disease or physical form of death, the mere external factor is excluded from an accident under the insurance contract. Thus, if the external factor is deemed to have serious or direct cause of death, it constitutes an external accident.

(2) On December 27, 1994, the court below decided that the accident of this case was caused by the dives of the plaintiff B’s dives of the water be deemed to have occurred due to the dives of the plaintiff B’s dives of the water be deemed to have occurred due to the dives of the plaintiff B’s dives of the water be deemed to have occurred. Rather, the accident of this case was likely to occur due to the dives of the sexual intercourse caused by the dives of the cause other than the blood dives of the plaintiff B, and that the dives of the plaintiff B’s dives of the heart of the case is merely a minor external factor or it is difficult to view it as a significant or direct external factor.

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