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(영문) 광주지방법원 2019.02.14 2018나55226
보험금
Text

1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiffs' claims against the above revocation portion are all made.

Reasons

1. Basic facts

A. On March 29, 2011, E (hereinafter “the deceased”) entered into an F Drivers Insurance Contract (hereinafter “instant insurance Contract”) with the Defendant, each of which the inheritors at the time of death as the insured.

According to the insurance contract of this case, the amount of insurance money paid when the deceased died as a direct result of traffic injury or injury is KRW 40,000,000, and the payment period is within three business days from the date when all required documents are received.

B. On February 7, 2016, at around 02:27, the Deceased driven a co-mordo sports vehicle and driven a road in front of the second cycle road located in the water course of Gwangju Mine area, and concealed 5 vehicles of G driving that was driven at the bee banks in the bee banks (hereinafter “instant traffic accident”), and was transferred to the hospital without consciousness and received treatment, and died on February 9, 2016.

C. The instant traffic accident was very insignificant and thus, it was not likely for people to have a large deal of traffic accidents.

(D) On the other hand, the National Institute of Scientific Investigation determined the deceased's private death as acute drug addiction on the ground that the blood and disguised content of the deceased was detected by the esticide board, as a result of the autopsy on February 22, 2016.

The plaintiffs are the deceased's spouse and children, and their successors are the deceased's 3/7 and the remaining plaintiffs are 2/7, respectively.

E. Among the general terms and conditions applicable to the instant insurance contract, the main contents of the grounds for the payment and exemption are as follows.

Article 15 (Types and Grounds for Payment of Insurance Money) The Company shall pay the insured insurance money agreed upon to the beneficiary when any of the following events occurs to the insured:

1. A bodily injury inflicted upon a person during the insurance period specified in an insurance policy due to a sudden and unexpected accident that happens during the insurance period;

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