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(영문) 부산지방법원 2017.12.08 2016가단351197
보험금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The plaintiff A is the husband of the network D (hereinafter "the deceased"), and the plaintiff B and C are the children of the deceased.

Insurance types of non-distribution Maddf Policy Cover Insurance cover II insurance period from December 21, 2015 to December 21, 2056, when a beneficiary, who is the Plaintiff C/the Insured, dies on December 21, 2056, the amount of insurance coverage for general injury or death of the Deceased except for the death of a statutory heir, and KRW 200 million (payment of insurance coverage amount when death was caused by a general injury).

B. The Plaintiff C entered into an insurance contract with the Defendant, an insurance company, as indicated below (hereinafter “instant insurance contract”).

C. At around 22:40 on July 25, 2016, the Deceased was used on the floor of the EF’s home toilets located in Tong-si, Si-si, and was sent to G hospital at around 23:15 by the 119 first responder, who was dispatched after receiving a report at around 23:04, but died at around 23:23.23.

(hereinafter “instant accident”). D.

On the other hand, on August 10, 2016, the legal officer affiliated with the National Institute of Scientific Investigation prepared a written autopsy report stating that “No opinion can be seen as a result of death at the deceased’s autopsy, and a private person may take into account the possibility of acute funeral, considering the past records, etc., which had been used twice as a result of the deceased’s death.”

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 5 and 8, purport of the whole pleadings

2. The plaintiffs asserted that the accident of this case is the case where the deceased, who is the insured, died of a sudden and friendship accident, and sought payment of the money stated in the purport of the claim against the defendant as the ordinary injury death insurance money under the insurance contract of this case. The defendant asserted that the accident of this case is not a case where the deceased, who is a requirement for the payment of the general injury death insurance money, died of the direct result of the bodily injury suffered from the accident that occurred rapidly and rapidly, and thus, it cannot comply with the plaintiffs' claim.

3. The judgment in the accident insurance.

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